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ALHAJI GIDADO BAA V. ADAMAWA EMIRATE COUNCIL & ORS

(2013) JELR 35406 (CA)

Court of Appeal  •  CA/YL/45/2012  •  23 Jul 2013  •  Nigeria

Coram
SOTONYE DENTON WEST JCA; JUMMAI HANNATU SANKEY JCA; IGNATIUS IGWE AGUBE JCA;

Appearances
G.C. Adikwu Esq. For Appellant G.K. Igwe Esq. for 1st RespondentD.I. Okorie Esq., with Nadoo Unom (Miss) for the 3rd Respondent For Respondent

Judgement

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): The 1st Respondent, Adamawa Emirate Council, filed a Writ of Summons before the Adamawa State High Court on 3rd March, 2011 against the Appellant and the 2nd and 3rd Respondents seeking the following reliefs:

1. A declaration that the plaintiff as the traditional landowner is the lawful owner of a farmland located at Mallam Madugu Girei Local Government measuring 1461 x 854m, 1461 x 854m 1124.7694 Hectares) entrusted to the 3rd defendant by the plaintiff in his former position as the former District Head of Girei.

2. A declaration that the title, interest, right and privileges in and over the farmland in paragraph 1 above vests in the plaintiff as the traditional owner of same to the exclusion of any other person.

3. A declaration that the purported gift of the farmland in paragraph 1 above located at Mallam Madugu (subject matter of the dispute) purportedly made by the 3rd defendant (trustee of the farmland) to the 2nd …

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