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ALHAJI DAHIRU GARBA & ORS V. AMOS CHIBIRI & ORS

(2013) JELR 35266 (CA)

Court of Appeal  •  CA/K/200/2011  •  31 Oct 2013  •  Nigeria

Coram
DALHATU ADAMU JCA; ABDU ABOKI JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Appearances
Mr. A. T. Abubakar For Appellant Miss P. N. Akau For Respondent

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Kaduna State sitting in Kafachan in Suit No KDH/KAF/60/2006 delivered by Honourable Justice L. D. Aba on the 5th of August, 2008. The action before the lower Court was commenced by the Respondents, as plaintiffs, against the Appellants, as defendants and the claims were for:

i. A declaration that the first to the third Plaintiffs are the rightful and legal owners of their various farms located at Rigiruh which they inherited from their parents.

ii. A declaration that the fourth Plaintiff and the Aiki family are the rightful and legal owners of their inherited farm located at Rigiruh.

iii. A declaration that the fifth Plaintiff and the family of Makama Shayabo are the rightful and legal owners of their inherited farm at Rigiruh village.

iv. An order that any purported sale of the Plaintiffs' farmlands by the first Defendant to the second, third, fourth a…

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