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HAMADU HUNARE V. YAYA NANA & ANOR

(1996) JELR 33978 (SC)

Supreme Court  •  SC.285/1989  •  16 Jan 1996  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; YEKINI OLAYIWOLA ADIO JSC;

Judgement

WALI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Jos Division Court of Appeal by the appellant who was the plaintiff at the trial court.

The facts of the case in a nut shell are as follows:

The appellant was the plaintiff in a retrial suit before Kumo Area Court Judge, Bauchi State, presided over by a senior Area Court Judge. It was in respect of a claim of a farmland in possession of the respondents who were the defendants in the trial court. The appellant was claiming that the farmland in dispute originally belonged to his grandfather, Garba Taliyaje, on whose death the same was inherited by Buba and Umaru, the latter being the father of the appellant. When Buba died the farmland remained with Umaru. It was Umaru the appellant's father who lent the farmland to Shehu who was a friend to the appellant's father. Apparently, after the death of the appellant's father, he made abortive attempts to regain possession of the farmland. Before Shehu…

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