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MALAM ALIYU GWADANGAJI V. SHEHUN SHALELE ABDULLAHI SARKIN KARMA

(2013) JELR 55889 (CA)

Court of Appeal  •  CA/S/85/2009  •  25 Mar 2013  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA ( Presided ) TUNDE O. AWOTOYE JCA JAMES SHEHU ABIRIYI JCA ( Read the Lead Judgment )

Judgement

ABIRIYI JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Justice, Kebbi State coram Jean Omokri J. (as he then was now of blessed memory) and Sulaiman Ambursa

J. The matter went to the High Court on appeal from the Upper Area Court

III Birnin Kebbi which had earlier entertained an appeal against the judgment of the Area Court, Ambursa in the case. The Area Court Ambursa had itself heard the case de novo as directed by Upper Area Court Birnin Kebbi.

The claim of the respondents at the trial court contained at page 1 of the record of appeal is as follows: “I Shehu Shalele and Abdullahi Sarkin Karma hereby institute an action against Malam Aliyu because his Uncle betrothed a wife from our family, but the marriage did not hold. Consequently, our father Muhammadu gave him a portion of the land and asked him to use it for farming, infact as at the time he gave him the farmland, there was an unharvested agricultural produce thereon. Subsequentl…

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