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IBRAHIM GAMBO v. AUWALU ALI DOKA

(2016) JELR 36973 (CA)

Court of Appeal  •  CA/K/254/2015  •  18 Mar 2016  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; IBRAHIM SHATA BDLIYA JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA;

Judgement

IBRAHIM SHATA BDLIYA, JCA (Delivering the Leading Judgment):This is an appeal emanating from the appellate Section of the High Court of Justice Kano State (the lower Court) delivered on the 25th of September, 2013 affirming the decision of the Upper Sharia Court (the trial Court) delivered on the 30th of March, 2012. The facts of the case are that the respondent who was the plaintiff at the trial Court claimed ownership of the parcel of land in dispute on the ground that his father gave it to the father of the appellant (defendant at the trial Court), some fifty (50) years ago on loan. However, the appellant claimed that the said parcel of land had been in their possession for more than 50 years, therefore, the doctrine of HAUZI (prescription) applied conferring title to the parcel of land on him. The litigation over the parcel of land was commenced before the Kano Sharia Court. The Kano Sharia Court delivered judgment in favour of the appellant. On appeal to the upper Sharia Court, K…

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