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ANARUWA BAZAMFARE & ANOR v. MUHAMMADU INUWA ADAMU & ANOR

(2017) JELR 37488 (CA)

Court of Appeal  •  CA/J/245/2016  •  19 May 2017  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; ADAMU JAURO JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A.(Delivering the Leading Judgment): This matter is in respect of a land dispute and the Respondents were the plaintiffs in the lower Court and they claimed for declaratory orders as well as for orders of mandatory injunction and perpetual injunction against the Appellants in respect of a parcel of land which they said was situate in Tege in Bauchi Local Government Area of Bauchi State and not in Iliti Sakarambu. The action was commenced in the High Court of Bauchi State as Suit No BA/148/2011.

The case of the Respondents in the lower Court was that the Appellants were cattle pastoralists who migrated to Iliti Tege with their elder brother Gado and that their elder brother Gado and sought the permission of their father for a piece of land to settle and they were granted a piece of land to settle in on loan. It was their case that the grant of land was witnessed by the Village Head, the Hardo Gagare Tege and one Mallam Adamu, both of whom are deceased…

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