(1998) JELR 45696 (CA)    

Court of Appeal  ·  CA/K/154/S/97 ·  18 Feb 1998 ·  Nigeria
Other Citations
Nakundi v. Rabiu (1998) 3 NWLR (Pt.543)
MURITALA AREMU OKUNOLA Justice of The Court of Appeal of Nigeria MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
grounds of appeal
fair hearing
lead judgment
lower courts
notice of appeal
trial court
appeal lacks merit
decisions of the lower courts
equal facilities
learned trial judges
trial judge
2nd respondents
area trial court judge
authority power
brother tanko muhammad
civil rights
claim of the appellant
closer examination of the above grounds of appeal
constitution of the federal republic of nigeria
determination of his civil rights
equal opportunity
foregoing provisions of this section
general principle of a fair hearing
judge of the lower court
kana area court judge
kana state high court of justice
kano area court judge
kano area court of kano state
kano state
leading judgment
lower court
obligations of any person
only ground
panel of the learned judges
possession of the respondents
printed record
reasonable time
simple reason
upper area court
witnesses tanko

MUHAMMAD, J.C.A. (Delivering the Leading Judgment): At the Kano Area Court of Kano State, the appellant sued the 1st and 2nd respondents to recover a farmland which was 'borrowed' by his grandfather to the respondents' grandfather for about fifty years. The farmland was still in possession of the respondents. The respondents denied the allegation. They asserted that they inherited the farmland from their parents who also inherited it from their grand parents and nobody had ever challenged them on their possession of the farm. The appellant called two witnesses. The respondents called two witnesses as well. After reviewing the evidence, the Area Trial Court Judge delivered his judgment on 5/12/83 wherein he dismissed the claim of the appellant and confirmed the farmland to the respondents.

Dissatisfied with the Judgment, the appellant appealed to the Upper Area Court (UAC) of Kano State sitting at Gyadi-Gyadi. The UAC affirmed the Trial Court's decision. Dissatisfied further, the appel…

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