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(2021) JELR 109458 (CA)

Court of Appeal  •  CA/A/29S/2018  •  10 Feb 2021  •  Nigeria

Ahmad Olarewaju Belgore, JCA Ridwan Maiwada Abdullahi, JCA Mohammed Baba Idris, JCA


RIDWAN MAIWADA ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Justice, Niger State, delivered in its appellate jurisdiction in Suit No: NSHC/MN/19A/2016 on 26th September, 2016 Coram Hon. Justice Musa B. Abdul and Justice Mariya Isma'il Mammy.

The Appellant was substituted for his deceased father Musa Ibrahim who was the Appellant prior to his demise, during the pendency of this appeal. The case before the trial Upper Sharia Court, Kuta in Case No. USC/KUT/FI/CV/136/2016 was instituted by the Respondent against the Appellant's late father seeking for the distribution of the remaining farmland left by their parent who also inherited the farmland from their grandparent. See page 17 of the record of appeal. The matter before the trial Court went to trial, wherein the Respondent called five witnesses while the Appellant called four witnesses. See pages 21-47 of the record of appeal. At the close of the parties' case, the tri…

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