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AHMADU FALKE v. BILLIRI LOCAL GOVERNMENT COUNCIL & ORS

(2016) JELR 41003 (CA)

Court of Appeal  •  CA/J/164/2013  •  20 May 2016  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; SAIDU TANKO HUSSAINI JCA; BIOBELE ABRAHAM GEORGEWILL JCA;

Judgement

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the decision of the Gombe State High Court of Justice, delivered on the 2nd April, 2012 in Suit No.GM/150/2007 in which, Judgment was entered in favour of the Respondents and against the Appellant.

The Appellant before this Court was the Plaintiff at the trial High Court of Gombe. He took out a Writ of summons against the Defendants (now Respondents) on 23-07-07, first in the name of HARUNA YAKUBU which was later substituted with AHMADU FALKE, which substitution was effected vide the grant of a motion on notice dated 29-08-07 (at pages 12 to 22 of the Record), Ruling delivered on 08-10-07 (at pages 114 to 120 of the Record), wherein the present Appellant/Plaintiff sued the Respondents in a representative capacity on behalf of the Sarkin Baka Family. The Plaintiff claimed the piece of land referred to as Yola Popandi Kulgul as belonging to his family and other families he represented, while the De…

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