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ALHAJI USMAN HADA v. ALHAJI ABDU MALUMFASHI

(1993) JELR 43304 (SC)

Supreme Court  •  SC.283/1990  •  23 Jul 1993  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; SALIHU MODIBBO ALFA BELGORE JSC; ABUBAKAR BASHIR WALI JSC; OLAJIDE OLATAWURA JSC; IDRIS LEGBO KUTIGI JSC;

Judgement

WALI, JSC (Delivering the Leading Judgment): Alhaji Abdu Malumfashi complained against Alhaji Usman Hada before Area Court II Malumfashi claiming his late father's farm in possession of the defendant.

The defendant denied the claim and said he bought the piece of land in dispute (which is no longer a farm) from Magajin Gari Aliyu, the village head of Malumfashi since 37 years ago.

To prove that he bought the farmland from Magajin Gari Aliyu, the defendant called Maiunguwa Siyasa, Alhaji Mu'aw Malumfashi Magajin Gari, Maiunguwa Danasumi and Alhaji Bako Malumfashi as his witnesses to the purchase transaction.

At the end of the defendant's case, the court also afforded the plaintiff opportunity of calling his own witnesses and he called the following:

(1) Alhaji Bawa,

(2) Alhaji Shehu,

(3) Alhaji Garba Yammana.

Before the parties closed their respective cases, the plaintiff put in evidence, a letter written by Alhaji Malumfashi, the plaintiff's senior brother who was living and working …

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