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ISAH DOMA GUPE & ORS V. TANKO UMARU KWAITA & ANOR

(2016) JELR 41600 (CA)

Court of Appeal  •  CA/A/77/2014  •  19 May 2016  •  Nigeria

Coram
ABDU ABOKI JCA; MOORE ASEIMO A. ADUMEIN JCA; MOHAMMED MUSTAPHA JCA;

Judgement

MOHAMMED MUSTAPHA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Niger State delivered on the 21st day of October, 2013, by a Notice of Appeal dated the 13th of January 2014, and filed on the same date, on the following grounds, shorn of their particulars:

GROUND ONE:

The judgment delivered by the lower Court is against the weight of evidence.

GROUND TWO:

The lower Court erred in law when it predicated title to the land in dispute on the respondents based on the information of one Fulani man during its visit to locus in quo.

GROUND THREE:

The lower Court erred in law when it held that the evidence of the plaintiffs outweighs that of the defendants (Appellants).

GROUND FOUR:

The lower Court erred in law when it held that there was evidence in support of the borrowing of the land in dispute to the defendants and payment of tribute by them.

From these grounds, two issues were formulated for the appellant, they were adopted by the respondents…

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