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USMAN CHISO & ANOR v. MANDIYA BELLO & ANOR

(2016) JELR 37027 (CA)

Court of Appeal  •  CA/S/30S/2009  •  14 Apr 2016  •  Nigeria

Coram
PAUL ADAMU GALINJE JCA; TUNDE OYEBANJI AWOTOYE JCA; MUHAMMED LAWAL SHUAIBU JCA;

Judgement

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal filed on 27/7/2006 by the appellants, the Court of first instance in this appeal was Sharia Court Dalijon. The claim before the Sharia Court Dalijan reads thus

"I Usman Susu and Ruwa Susu Barama are suing Bello Mai-Gandu, Alu Mai - Gandu and Badiya Mai-Gandu Gudai because our father entrusted farms to our village head. The village head leased one farm to their father called mai -?? Gandu. Now our father is dead and their father is also dead. We seek that they gave us our farm so that we will divide it, but they refused. They claim that it is their farm not ours. The village head invited us both and said that he transfer to us the trust that our father gave him. But they disagree. This is why we are suing them so that they will give us our farm which belong to our father -?? Yahaya."

The Sharia Court Dalijan heard the parties and gave judgment in favour of the claimants.

The de…

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