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LAWAL BURGA & ORS v. PAUL KAMA

(2018) JELR 38374 (CA)

Court of Appeal  •  CA/J/50/2015  •  28 Jun 2018  •  Nigeria

Coram
UCHECHUKWU ONYEMENAM JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA; ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU JCA;

Judgement

ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU, J.C.A. (Delivering the Leading Judgment): The Appellants who were the Plaintiffs at the Court below vide Suit No. BA/58/ 03 before the Bauchi State High Court sued the Respondent (the Defendant at the Court below) in respect of a piece of land at Marti Village, Tafawa Balewa Local Government Area of Bauchi and prayed for declaration of title thereto. At the end of the trial, the Court, on April 17th 2014, in its wisdom dismissed the Appellants suit and gave judgment delivered by Hon. Chief Judge I. M. Zango in favour of the Respondents Counter-claim.

Reproduced hereunder are the reliefs sought by the Appellants:

1. A declaration that the settlement and farmland in dispute situate at Marti village T/Balewa LGA Bauchi state (sic) described in paragraph 11 above which land is known to all parties in this case belongs to the plaintiffs.

2. A declaration that the entry into the lands and installation of grinding machine by the defendant without the consen…

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