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SAINI DANJUWA v. HAJJA BAAJI

(2000) JELR 44125 (CA)

Court of Appeal  •  CA/J/8/S/98  •  10 Feb 2000  •  Nigeria

Coram
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA; DALHATU ADAMU JCA; IBRAHIM TANKO MUHAMMAD JCA;

Judgement

MUNTAKA-COOMASSIE J.C.A.: (Delivering the Leading Judgment): This appeal is sequel to an action instituted in the civil Area Court Gombe, Gombe State of Nigeria, whereby the Appellant Malian Saini Danjuwa, claimed a land in the possession of a lady, Hajja Ba'aji. He claimed that the land in dispute was subject of a litigation between him and one Buba Yero. The Defendant, Hajja Ba'aji denied the claim and explained that her in-law Malian Ibrahim bought the land for her from Mallam Muhammadu Badara who was in possession of same for over seventeen years. The claim of the Plaintiff was given to the defendant by the Civil Area Court Gombe and the land in dispute was given to the defendant - Hajja Ba'aji. On appeal to the Upper Area Court Gombe, the decision of the lower Court was affirmed and appeal dismissed under section 59 (1) (a) of the Area Court Edict. The Plaintiff unsuccessfully further appealed to Gombe State Sharia Court of Appeal. That Court decided that the Plaintiff has slept …

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