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ALH. DAKAKE v. SANI ABDULLAHI UDOBA

(2017) JELR 37260 (CA)

Court of Appeal  •  CA/S/76S/2016  •  30 Nov 2017  •  Nigeria

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

Judgement

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): This appeal emanates from the judgment of the Kebbi State Sharia Court of Appeal, sitting in Yawuri, delivered on 29th December 2015; coram Hon Alhaji Muktar trnam Jega, Hon Dr Tukur Sani Argungu, Hon. Alhaji Aliyu Mani Yelwa and Hon Alhaji Bawa Bello D/Gari. The Appellant was the defendant in a suit, filed by the Respondent at the trial Sharia Court Kanya No CV/08/2014 claiming ownership of a farmland situate in Kanya, which the district head of Kanya sold to the Appellant.

At the hearing of the suit, the defendant denied taking the respondent's farm land and instead claimed that he bought the farmland from the father of the Respondent.

The trial Court entered Judgment in favour of the Appellant on ground of Hauzi (prescription). Dissatisfied, the Respondent appealed to the Upper Sharia Court Wasagu where Judgement was entered in favour of the Respondent. The Appellant further appealed to the Sharia Court of Appeal of Kebbi Sta…

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