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(2021) JELR 109637 (CA)

Court of Appeal  •  CA/G/118/2018  •  29 Mar 2021  •  Nigeria

Jummai Hannatu Sankey, JCA Tunde Oyebanji Awotoye, JCA Ebiowei Tobi, JCA


JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This Appeal is against the judgment of the High Court of Justice Gombe State sitting in its appellate jurisdiction delivered in Appeal No. GM/14A/2015 on June 7, 2017, Coram: B.L. Iliya J., and P.I. Apollos, J.

The brief facts leading to the Appeal are that Piyo Sagalkat and Anita Arketo first approached the Upper Area Court in a representative capacity seeking an Order that the farmland in dispute, which was in the possession of Saleh Kum, the Defendant therein, be shared between the two clans of Sagalgat and Arketo. They claimed that the progenitors of the Plaintiffs, Sagalgat and Arteko, being brothers, had founded and cleared the land. That they however allowed the Defendant, the son of their brother, Kum, to cultivate the land. They contended that in several Court cases over the farmland, they mandated the Defendant to stand-in for and represent the families. They contend that the families even contributed money whic…

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