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ALH. ABUBAKAR BABAN ALI V. IDI BUBA JULDE

(2002) JELR 48773 (CA)

Court of Appeal  •  CA/J/287/S/98  •  11 Jul 2002  •  Nigeria

Coram
HON. JUSTICE U. ABDULLAHI JCA; HON. JUSTICE I. T. MUHAMMAD JCA; HON. JUSTICE I. A. MANGAJI JCA;

Judgement
<p>I. T. MUHAMMAD, J.C.A (Delivering the leading : ): The case was sent by the High Court of Jalingo, Taraba State for a retrial by the Grade I Area Court sitting at Jalingo. (Trial Court). The complaint of the Plaintiff before the trial court was for the recovery of a Fish Pond (Gwahir Fish Pond) situate in Mutum Biyu district and for an ejection of the defendant. It was alleged by the Plaintiff that the Fish Pond was entrusted to the Defendant's father by Plaintiff's father from whom he (Plaintiff) inherited the Pond. The Defendant responded:-</p><p> "I heard. The water is one; it is call Gwaliw, but it forms into 3 (i) is call Gwalir karama which is also known as kep in wurbo language. (2) is call Gwalir Manji it extended to Tunga Sale, that is our own. Gwalir Babba (kep) is for .Toda Bappa Sanda: Brother of the plaintiff. While Gwalir Manji is for Muhammadu Gugara. Our elders are around and they know who is who."</p><p> The Plaintiff called four witnesses and tendered a document in evidence.…</p>

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