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IBRAHIM YAKUBU V. ELISHA YAKUBU

(2020) JELR 87234 (CA)

Court of Appeal  •  CA/YL/69/201  •  29 Jun 2020  •  Nigeria

Coram
CHIDI N. UWA JCA JAMES S. ABIRIYI JCA ABDULLAHI M. BAYERO JCA

Judgement

ABDULLAHI M. BAYERO, J.C.A. (Delivering the Leading Judgment): This Appeal germinated from the judgment of Adamawa State High Court sitting in its appellate jurisdiction in Mubi, delivered on 26th January, 2017. The Appellant as Plaintiff before the Area Court Maiha instituted an action for declaration of title to land against the Respondent as Defendant. The Appellant called three (3) witnesses in proof of his claim, while the Respondent called five (5) witnesses for his defence. Judgment of Senior Magistrate Court, Maiha was tendered and admitted as Exhibit ‘A’. The court delivered its judgment on 20th December, 2014 in favour of the Appellant. Dissatisfied, the Respondent appealed to the Upper Area Court No. 1 Mubi where the appeal was dismissed. The Respondent further appealed to Adamawa State High Court sitting in Mubi in its Appellate jurisdiction. The lower court set aside the decisions of both the Area Court Maiha and the Upper Area Court Mubi and ordered for the enforcement o…

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