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TELLA
V.
USMAN

(2000) JELR 54336 (CA)

Court of Appeal 4 May 2000 Nigeria
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- The case involves a dispute over ownership of a parcel of land in Kaduna, Nigeria. - The appellants claimed that they inherited the land from their father and had been in uninterrupted possession of it for many years. - The first responde

Case Details

Suit Number:CA/K/117/99 .
Judges:MAHMUD MOHAMMED, JCA (Presided) OLUDADE OLADAPO OBADINA, JCA
Counsel:Abdullahi Haruna, Esq., for the Appellants -*- I. S. Akor, Esq., for the Respondents

OMAGE, JCA (Delivering the Lead Judgment): In the appellants’ brief of argument, three issues are formulated for determination, they are:- “(a) Whether Exhibit 1, the statutory certificate of occupancy issued to the 1st respondent, can extinguish the prior right of the 1st appellant and confer title on the 1st respondent.

Whether Exhibits 3 and 3(a) can be of any evidential value after holding that the court which took the proceedings was without jurisdiction.

Whether the court was right when it failed to award damages to the 2nd appellant.” The appellants’brief of argument was deemed filed by order of court upon the prayers in a motion with effect from 13th October, 1999. In their brief filed on 2nd November, 1999, the 1st and 2nd respondents formulated two issues for determination, namely:- “(1) Whether or not the grant of a statutory right of occupancy to the 1st respondent as evidenced by Exhibit 1 extinguished the 1st appellant’s right to and interest in the land in dispute.

Wheth…

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