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FWENDIM GOBANG AND JUMANG SHELIM YOHANNA JUMANG

(2002) JELR 56291 (CA)

Court of Appeal  •  27 Mar 2002  •  Nigeria

Coram
MARIAM ALOMA MUKHTAR, JCA (Presided) IBRAHIM TANKO MUHAMMAD, JCA (Read the Lead Judgment) OLUDADE OLADAPO OBADINA, JCA

Appearances
Appellant in court. -*- D. Gopep - for the Respondents.

Judgement

MUHAMMAD, JCA (Delivering the Lead Judgment): At the Grade 1 area court Pankshin, (trial court), the plaintiff made the following claim:

“I have sued the defendants because they entered my land. The land is situated at Tasuk. I go the (sic) from my father Goban who inherited it from Tongkhit. There are Pawpawtree, Gung tree and one Olive tree at the boundary... I want the court to get me the land from the defendant.” When the trial court turned to the respondents, each, replied that he heard but disagreed with what the plaintiff said. After taking evidence from the parties and visiting the locus in quo , the trial Judge declared title to the disputed land in the plaintiff. Dissatisfied, the defendants appealed to the Plateau State Customary Court of Appeal (lower court). After hearing the parties on their submissions, the lower court allowed the appeal, “reversed” the decision of the trial court and entered judgment for the appellants. The respondent at the lower court was aggrieve…

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