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ALHAJI ALIYU MUHAMMAD HADEJIA v. ALHAJI BAFALE ABBAS

(2016) JELR 36992 (CA)

Court of Appeal  •  CA/K/233/2012  •  23 Mar 2016  •  Nigeria

Coram
UWANI MUSA ABBA-AJI JCA; IBRAHIM SHATA BDLIYA JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA;

Judgement

IBRAHIM SHATA BDLIYA, J.C.A. (Delivering the Leading Judgment): The appellant (the plaintiff at the lower Court) claimed that he bought the parcel of land in dispute from Muhammed Shahada in 1983.? That the parcel of land was allocated to him by the Hadejia Local Government. A certificate of occupancy was issued to him by the Ministry of Lands, Kano State. In 2004, he discovered that the respondent (defendant at the lower Court) had trespassed in to the parcel of land.? The respondent asserted that he purchased the land from one Yusuf Garba in 2004. That Yusuf Garba purchased the parcel of land from the original allottee who was allocated the land in 1973 by Hadejia Native Authority and a certificate of occupancy was issued to him by Kano State Ministry of Work and Survey in 1975.

The appellant being dissatisfied with the claim of the respondent, instituted an action before the High Court of Jigawa State (the lower Court) against the respondent. The respondent counter-claimed against …

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