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ISA GALADIMA v. ZAKARIYA KUKU

(2018) JELR 42022 (CA)

Court of Appeal  •  CA/MK/158/2013  •  9 Mar 2018  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; ONYEKACHI AJA OTISI JCA; JOSEPH EYO EKANEM JCA;

Judgement

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Customary Court of Appeal Lafia, Nasarawa State delivered on March 7, 2013 in Appeal No: CCA/NS/12A/2011, in which the decision of the Upper Area Court Mararaban Gurku, Nasarawa State that had declared title of a parcel of land in dispute in favour of the Appellant, was set aside.

The facts leading to this appeal, in summary, are as follows: The Respondent as plaintiff took out a writ of summons against the Appellant as defendant before the Upper Area Court Mararaban Gurku, Nasarawa State (the trial Court) in respect of a large expanse of farmland which is situate in a village called Gazaki in Karu Local Government Area of Nasarawa State. The trial Court took evidence of the parties and thereafter gave judgment in favour of the Appellant, thereby dismissing the claims of the Respondent. Dissatisfied with the decision of the trial Court, the Respondent appealed to the Customary C…

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