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ALHAJI NDALU ETSU, BABA KUDU, GIMBA KAFINTA, GOGO WUSA, HAJIA ASABE, TANKO ABUBAKAR ROGOTA & NDA LADAN (FOR THEMSELVES AND ON BEHALF OF EMIGBEZHI FAMILY) V. ALHAJI SANI BABA NNAKASHI, ALHAJI KOLO NASARAFU, ALHAJI YABAGI USMAN MASAGA, ALHAJI MANU WAKIL, YABAGI SACHI N.C.R.I, NDA UMARU, BALA SACHI

(2022) JELR 110377 (CA)

Court of Appeal  •  CA/A/454/2019  •  11 Apr 2022  •  Nigeria

Coram
Stephen Jonah Adah, JCA Elfrieda Oluwayemisi Williams-Dawodu, JCA Mohammed Mustapha, JCA

Appearances
Mr. Sebastine Ugbogu For the Appellants; Mr. Sayeti Babakolun For the Respondents.

Judgement

ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the judgment of the High Court of Niger State, Bida delivered by Hon. Justice Musa B. Abdul on February 19th, 2019, wherein the Respondents (Defendants/ Counter-claimants at the Court below) were declared the lawful owners of the land in dispute and the case of the Appellants (the Plaintiffs at the Court below) was dismissed.

At the Court below the Appellants through their Writ of Summons claimed as follows against the Respondents:

1. "A declaration that the land measuring approximately 35.068 hectares lying and situate along Rogota Road, Behind Water Board Tank beside Army Barracks, Bida, Niger State belongs (sic) Emigbezhi family who are the descendants of Mallam Ibrahim Emigbezhi.

2. A Declaration that the title to the said land vests only on the descendants of Mall. Ibrahim Emigbezhi.

3. A Declaration that the actions of all the defendants in entering the said land without permiss…

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