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KUNA DOGO V. YAYA ADAMU

(1997) JELR 45378 (CA)

Court of Appeal  •  CA/J/60/93  •  13 Nov 1997  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JCA; DENNIS ONYEJIFE EDOZIE JCA; OKWUCHUKWU OPENE JCA;

Judgement

OGUNTADE, J.C.A. (Delivering the Leading Judgment):- At the Gombe Civil Area Court, the present respondent was the plaintiff and the appellant the defendant. I shall hereinafter refer to the parties by their description at the trial court.

The claims of the parties are encapsulated in the statements appearing hereunder which each of the parties made at the commencement of the suit. The plaintiff said:

"I, Yaya Adamu, I'm suing Kuna Dogo on a land dispute of which I cleared the land for at least 11 years working on the place, by then Kuna Dogo gifted the land to Yerima Dogo and he said I have to keep away from the said land, so because of this reason I want the court to took (sic) back my land.

The defendant on the other hand said:

"This land is owned by me not owned by Yaya Adamu because I am the one who borrowed it to him after they had a fight with his father".

My understanding of the plaintiff's statement reproduced above is that the plaintiff claimed to have been in possession o…

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