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CHIRONGO & ORS V. SAMAILA NADUKKU

(2017) JELR 38152 (CA)

Court of Appeal  •  CA/S/73/2015  •  20 Feb 2017  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; MUHAMMED LAWAL SHUAIBU JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This Appeal is against the judgment of the Kebbi State High Court sitting in its Appellate jurisdiction in the Birnin Kebbi Judicial Division and delivered on the 10th day of December, 2014, Coram ELIZABETH ASABE KARATU, J (Presiding Judge), ABBAS AHMAN, J and IBRAHIM KANGIWA, J in Appeal No KB/HC/9SA/2013.

The Respondent herein, who was Plaintiff before the trial Court, via a Plaint note, had instituted an action against the Appellants as the Defendants at the Principal District Court 1, Zuru (hereinafter referred to as the Trial Court, in which the Respondent had claimed inter alia, for a declaration of title to a big farmland located at Ganna. In the course of trial, the Respondent called five (5) witnesses who testified in support of his claims against the Appellants, whilst the Appellants in their defense called four (4) witnesses. On the 5th day of December 2013, the Trial Court, in its judgment dismissed the suit…

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