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BAKO DAMISA V. HABIBA MUHAMMAD BANGANI

(2021) JELR 109439 (CA)

Court of Appeal  •  CA/J/306S/2018  •  10 Jun 2021  •  Nigeria

Coram
Ahmad Olarewaju Belgore, JCA Ridwan Maiwada Abdullahi, JCA Mohammed Baba Idris, JCA

Judgement

MOHAMMED BABA IDRIS, J.C.A. (Delivering the Leading Judgment): By a statement of complaint filed by the Respondent who was the Plaintiff at the Area Court of Plateau State, the Respondent claimed that her father had four farmlands which were not shared after his demise. She claimed that she has a right to inherit the said farmlands. Respondent as Plaintiff, stated that the farmlands were with the Defendant and that he had refused to hand them over to her despite several demands. Respondent urged the Court to share the estate of her father. The Defendant denied the claim, regarding it as untrue and claimed that the said land belonged to his own late father, making him the rightful person to inherit the said farmlands.

The Plaintiff called 4 (four) witnesses in proof of her case and the Defendant also called 4 (four) witnesses.

​When delivering judgment, the Area Court judge held that the Respondent, even though she is a woman had the right to inherit her father’s farmlands. The learned j…

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