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WILLIAMS FADA v. JEMA'A LOCAL GOVERNMENT & ORS

(2017) JELR 37557 (CA)

Court of Appeal  •  CA/K/188/2016  •  10 Mar 2017  •  Nigeria

Coram
IBRAHIM SHATA BDLIYA JCA; OBIETONBARA O. DANIEL-KALIO JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA;

Judgement

OBIETONBARA O. DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment): The appeal before us is in respect of a land matter. The Appellant William Fada was the plaintiff at the High Court of Kaduna State (the Lower Court). His case before that Court in summary is that the land in dispute was originally founded by his grandfather Batet Ngbieng about a century ago. His father Fadat Batel inherited the land in accordance with the law and custom of the Kanikon people. During his father's lifetime, he shared the land inherited by him among his children. The particular land in dispute is the Appellants share of the land. Whist working on the land in 2012, the Appellant received a rude shock when the 2nd, 3rd and 4th Respondents informed him that he was a trespasser on the land as the land was theirs. Not only was he rudely shocked by the disclosure, the Respondents made a criminal complaint against him at the Kafanchan Chief Magistrates Court. Worried by the Respondents claims the Appellant …

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