(2018) JELR 39006 (CA)    

Court of Appeal  ·  CA/S/50/2017 ·  24 May 2018 ·  Nigeria
HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria MUHAMMED LAWAL SHUAIBU Justice of The Court of Appeal of Nigeria FREDERICK OZIAKPONO OHO Justice of The Court of Appeal of Nigeria
Core Terms Beta
native law
trial court
preponderance of evidence
lower court
statement of claim
learned trial judge
amended statement of claim
contention of counsel
records of appeal
14th day of december
evidence act
grounds of appeal
piece of land
respondents counsel
appellants brief of argument
favour of the respondent
civil matters
decision of the trial court
judgment of the court
judgment of the kebbi state high court of justice
lead evidence
provisions of rule
respondents brief of argument
settled position of the law
above pieces of evidence
appellants counsel
circumstances of this case
comprehensive nature of the issues
hella area
leading judgment
prima facie case
proof of those facts
respect of the facts
respondent base
rightful owner of that piece of land
said person
said respondent
sale of the land
statement of defense
submissions of counsel
support of her claims
weakness of the appellant
weight of evidence

FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Kebbi State High Court of Justice, sitting at the Yauri Judicial Division, delivered on the 14th day of December 2016 wherein the Court (hereinafter referred to as the Court below) conferred title over the shop in dispute to the Respondent who was the Claimant before the Court. The said Respondent as Claimant by a Specially Endorsed Writ dated the 12th day of May 2016 and filed on same date, the Respondent claimed against the Appellant as Defendant, the following;

WHEREOF the claimant claimed as per her writ of summons thus;

a. A Declaration that the by the sale of the land to the claimant, she is a bonafide purchaser and the rightful owner of that piece of land situate at Hella Area along Isah Rasha Filling Station Kebbi State.

b. A Declaration that the claimant is entitled to quiet and peaceful enjoyment of the property described above and his transfer of interest in same.

c. An…

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