(2000) JELR 43968 (CA)    

Court of Appeal  ·  CA/A/51/97 ·  5 Jul 2000 ·  Nigeria
Other Citations
Sossa v. Fokpo (2001) 1 NWLR (Pt.693)16
DAHIRU MUSDAPHER Justice of The Court of Appeal of Nigeria ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria ALBERT GBADEBO ODUYEMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
defence counsel
declaration of title
single judge
trial judge
upper area court
concurrent findings of fact
high court
learned counsel
customary tenants
fair hearing
number of grounds
piece of land
such findings
ample opportunity
appellate jurisdiction
application of the learned counsel
assessment of the evidence
behalf of sossa village community
breach of the appellant
concurrent finding of facts
cross respondent
decision of the upper area court
defendant fails
disputed land
draft of the lead judgment
fokpo land
fresh points
gbade land
hearing of the appeals
high court of niger state
leading judgment
legal notice
native law
next adjourned date
nku land
order of injunction
order of the trial upper area court
proof of this case
question of denial of fair hearing
representative capacity of his people of fokpo
right of fair hearing
shugaba ndaruzu zhitsu sossa
upper area court minna
upper area court no.

MUSDAPHER, J.C.A. (Delivering the Leading Judgment): The plaintiff, Ibrahim Alhassan Zhitsu Fikpo sued in a representative capacity of his people of Fokpo, Shugaba Ndaruzu Zhitsu Sossa for himself and on behalf of Sossa village community, before the Upper Area Court No. 1 Minna, Hon. Baba Audu Mohammed, for the following amended reliefs:-

"1. A declaration of title to a piece of land known and called Fokpo land lying and situated between Mambe and Gbade land to the east, Nku land to the South and Elogi land to the North and Lugwa land to the West, more particularly Fadama land of Batazi Zown, Checepan, Ekowasa, Chikangi and Zabe. And land farm of Ningi, Bayanbe and Lukuwugongu together with all fishing ponds thereon.

2. An order of injunction restraining the defendant, his agents, privies, servants or anybody from Sossa village (whether in Sossa or outside Sossa village) from cultivating, farming or dealing with the said Fokpo land in any way that will change the character of the said…

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