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ADAMU ADOM v. ALUTSO DAMKOR

(1995) JELR 35460 (CA)

Court of Appeal  •  CA/J/108/94  •  26 Jul 1995  •  Nigeria

Coram
DAHIRU MUSDAPHER JCA; ALOYSIUS IYORGYER KATSINA-ALU JCA; OBINNAYA ANUNOBI OKEZIE JCA;

Judgement

A.I. KATSINA-ALU, J.C.A. (Delivering the Leading Judgment): The appellant Adamu Adom was the plaintiff before the Grade II Area Court of Shangev-Ya holden at Mbaduku. In that court he sued the respondent Alutso Damkor as defendant claiming a declaration of title over a piece of land situated at Mbakyomon Mbejiraka Shanger-Ya. Judgment was given in favour of the plaintiff. In the course of its judgment the trial area court said:

"...There is also evidence that the forest reserved by Mbaduku elders for many years now. Our own observation during the inspection, this forest is more than ten years without anybody entering it to cut trees even to farm. One will ask a certain question that are the elders of Mbaduku have no more interest for their forest again? Why are they silent over this matter and some other people are disputing it again? Is the Plaintiff claiming the forest for his own use or for elders? Have they authorized to farm on this piece of land?

Upon the above stated reasons a…

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