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DAMULAK DASHI NOKDANG DA WANG SAMUEL DAMULAK DATAU DALONG V. STEPHEN SATLONG SALONG DALIP

(2009) JELR 53156 (SC)

Supreme Court  •  SC.303/2002  •  30 Jan 2009  •  Nigeria

Coram
ALOYSIUS IYORGYER KATSINA-ALU JSC (Presided) GEORGE ADESOLA OGUNTADE JSC MAHMUD MOHAMMED JSC FRANCIS FEDODE TABAI JSC (Read the Lead Judgment) CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC

Judgement

TABAI JSC (Delivering the Lead Judgment): This appeal is against the judgment of the Jos Judicial Division of the Court of Appeal on 23 May 2002. The original action itself was commenced at the Upper Area Court, Pankshin in Plateau State sometime in 1994. The plaintiffs therein are the appellants in this court. And the defendants therein are the respondents before us. The claim isexpressed in the opening statement of learned counsel for the plaintiffs, Chris Ekeakhogbe at page 8 of the record. He said: “The plaintiffs’ claim is for a declaration of title to a piece of farm land situate at Minting in Chip District of Pankshin Local Government Council. The defendant is a customary tenant to the plaintiffs and is now denying the plaintiffs’ title. Hence, he does no longer comply with the traditional requirements of customary tenancy. The plaintiffs therefore wish to retake possession and seeks a declaration of title in their favour.” This is reproduced by the trial Upper Area Court in …

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