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AUDU ADINGARWA & ORS. V. IBRAHIM ASSANDARIYU (SUING FOR HIMSELF AND ON BEHALF OF THE NEGLIKINAYA FAMILY OF HILDI VILLAGE OF HONG LOCAL GOVERNMENT AREA OF ADAMAWA STATE)

(2021) JELR 109514 (CA)

Court of Appeal  •  CA/YL/93/20  •  11 Jun 2021  •  Nigeria

Coram
Chidi Nwaoma Uwa, JCA Bitrus Gyarazama Sanga, JCA Jamilu Yammama Tukur, JCA

Judgement

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): The appeal is against the judgment of the Adamawa State High Court presided over by A. A. Waziri, J. (hereafter referred to as the trial Court) delivered on 27th July, 2020 in which judgment was given in favour of the plaintiff now Respondent. In the Respondent’s writ of summons at the trial Court, he claimed against the defendants now Appellants as follows:

(a) “Declaration that the boundary between the piece of land of the Neglikindaya family and the land of the Puturwa family situate and called Kundarju/Palma in Hildi village in Hong Local Government Area of Adamawa State, is marked by an ant hill on which is a Kargo tree, a Gamji tree, a Baobab tree, a Durimi tree on the land of Neglikidaya with part of its external roots on the boundary, another ant hill, a Kadanya (shear nut) tree, a Tsamiya (Tamarind) tree and a small lake or pond on an approximately straight line that runs from the eastern end of the land down to the G…

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