ALH. ALI NA BABA-IYA V. MUSTAPHA MAI SIKELI & ORS

KEKERE-EKUN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Kano State, delivered on 21st June, 2004, in Suit No. K/660/99.

The facts that gave rise to this appeal as can be determined from the record of the trial court and the briefs of the parties are as follows:-

Sometime in 1977, the appellant purchased a piece of land from one Alhaji Mustapha Abubakar otherwise known as Mustapha Soron Dinki. The said property was covered by certificate of occupancy No. KN2053. In 1981, as a result of political riots in Kano, the ministry of land and survey was burnt down resulting in the loss of all documents of title filed therein including the appellant's certificate of occupancy No. KN2053. Subsequently, the appellant was issued with a new certificate of occupancy No. LKN/CON/AG/RC/85/6 to replace the destroyed one. The appellant testified that he remained in peaceful possession of the land in dispute until 1997, when the respondents tresp…