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ALIYU MAI AKWAI v. MUHAMMADU ALA

(2018) JELR 39451 (CA)

Court of Appeal  •  CA/S/11S/2016  •  2 Feb 2018  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; MUHAMMED LAWAL SHUAIBU JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Shari'a Court of Appeal Sokoto State in the Appeal No. SCA/WR/48/2012 delivered on 31st December, 2013. The Appellant Aliyu Mai Akwai was the Plaintiff at Shari'a Court Wurno (the trial Court) in suit No. CV/TR/19/2011 filed against the Defendant Muhammadu Ala claiming title to a farmland which was allegedly leased to the latter by the formers father.

The Defendant/Respondent denied the allegation that the farmland was leased to him by the Plaintiff/Appellant's father and asserted that he bought the said farmland from the latter at the rate of N1,200. 00 (One Thousand Two Hundred Naira Only). The Plaintiff/Appellant called 5 (Five) witnesses, while the Defendant/Respondent called 3 (Three) witnesses.

The trial Court in its considered Judgment admitted and relied on the evidence of the Plaintiff/Appellant's witnesses and rejected all witnesses presented by the Defendant/Respondent and…

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