(2000) JELR 43960 (CA)    

Court of Appeal  ·  CA/J/264/92 ·  13 Jul 2000 ·  Nigeria
Other Citations
Sakari v. Kunini (2001) 6 NWLR (Pt.708)
Sakari v. Kunini (2001) 6 NWLR (Pt. 708) 212
JUSTIN THOMPSON AKPABIO Justice of The Court of Appeal of Nigeria JOSEPH JEREMIAH UMOREN Justice of The Court of Appeal of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
fishing pond
high court
lower court
cause of action
grounds of appeal
palm tree
trial court
upper area court
taraba state
decision of the upper area court
decision of the upper area court jalingo
subject matter
appeal of the appellant
appellate jurisdiction
area court
jenjo people
particulars of claim
title of the water
area court no.
area court no.2
cause of action of the respondents
claim of the defendant
concurrent findings
decision of the trial area court
deposed emir of muri umaru tukur
emirate council
evidence of the plaintiffs
fishing rights
following findings
high court of justice
high court of taraba state of nigeria
judgment of the high court of justice
leading judgment
leave of the appellate court
original grounds
part of the fishes
possession of the water
provisions of the legal notice no.3
said issues
suit no. cgsj
trial court members
trial judge
view of the finding of the lower court
village of the plaintiffs

AKPABIO, J.C.A (Delivering the Leading Judgment): This is an appeal against a judgment of the High Court of Justice, Taraba State, holden at Jalingo in its appellate jurisdiction in Suit No. CGSJ/25A/90 wherein it unanimously dismissed with N100.00 costs the appeal of the appellant, which had gone to them on appeal against the concurrent findings of both the Area Court No.2, Jalingo, and the Upper Area Court, Jalingo, which had held that the fishing pond called "NYAWAU" belonged to the plaintiffs/respondents and not the defendant/appellant.

At the Area Court No. 2 Taraba State, sitting at Jalingo the plaintiffs (who are now the respondents) sued the defendant (who is now the appellant) claiming as follows:

"I am complaining against Abraham, claiming my fishing pond. The fishing pond we were using it together but there is a demarcation between us. There was a time when the deposed Emir of Muri Umaru Tukur told us he has transferred the pond to the Emirate Council for the purpose of fi…

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