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ADAGWOM ISHA S. AFAN, GALADIMA AGWOM ARUM, WAZIRI AJIK AFAN, CHIROMA AGWOM AFAN & YAKUBU SILAS ITSE V. ADAGWOM ATANG INAH, ILIYA B. AJIK, ATSEN ISHA, IZAM AJIK, DANNY IZANG AJIK & AWARE IZANG (RESPONDENTS)

(2020) JELR 110620 (CA)

Court of Appeal  •  CA/J/419/2017  •  24 Apr 2020  •  Nigeria

Coram
Habeeb Adewale Olumuyiwa Abiru Mudashiru Nasiru Oniyangi Boloukuromo Moses Ugo

Appearances
Jerry Umeyor For the Appellants G. M. Okoye with him, L. A. Albert For the Respondents

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Plateau State delivered in Suit No PLD/J317/2013 by Honorable Justice C. L. Dabup on the 27th of July, 2017. The Appellants were the claimants in the lower Court and their claims against the Respondents were for:

i. An order declaring the Appellants as the rightful owners of the disputed land situated at Kerker, Fobur District of Jos East Local Government Area of Plateau State.

ii. An order of perpetual injunction restraining the Respondents by themselves, privies, agents, successors by whatsoever name from entering the land of the Appellants.

​The case of the Appellants in support of their claims before the lower Court was that they are the great grandchildren of one Agbaja Agyer who founded the land in dispute and farmed a portion thereon for several years before leaving one Arin Agbaja Agyer thereon and moving to Sabon Gari Fobur in Jos East Local Governme…

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