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HUSSAINI DANDUME V. ALHAJI ADAMU & ORS.

(1997) JELR 42440 (CA)

Court of Appeal  •  CA/K/266/S/95  •  5 Sep 1997  •  Nigeria

Coram
MURITALA AREMU OKUNOLA JCA; MUHAMMED SAIFULLAHI MUNTAKA COOMASSIE JCA; IBRAHIM TANKO MUHAMMAD JCA;

Appearances
Appellant unrepresented For Appellant Alhaji Amadu For Respondent

Judgement

MUNTAKA COOMASSIE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Katsina State Sharia Court of Appeal holden at Funtua delivered on 26/6/93.

The facts of this appeal could be briefly stated thus:

That the appellant herein as plaintiff, sued the respondent and 59 others at Dandume Area Court hereinafter called trial Area Court to recover his father's grazing places at the outskirt of Dandume Village being in unlawful possession of those 60 defendants. The defendants through their acclaimed representatives denied the appellant's claim and insisted that the said grazing places belong to them jointly and severally. They have been in their respective possession of the land in dispute for over 50 years. (The least possession is 20 years) the longest possession is 53 years.

The appellant as plaintiff called witnesses who testified. Also the defendants called witnesses who gave evidence in their favour. At the end of the proceedings the trial Area Cou…

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