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(2021) JELR 109588 (CA)

Court of Appeal  •  CA/K/331/2015  •  4 Oct 2021  •  Nigeria

Fatima Omoro Akinbami, JCA Abubakar Mahmud Talba, JCA Peter Oyinkenimiemi Affen, JCA


PETER OYINKENIMIEMI AFFEN, J.C.A. (Delivering the Leading Judgment): Introduction

The High Court of Kaduna State (coram: David Wyoms, J.) decreed title in favour of the Respondent (as plaintiff) in a considered judgment delivered on 30/9/2014 in Suit No. KDH/KAF/237/2011: Hakimi Musa Mandan v. Alhaji Inuwa Abubakar. At the plenary trial (which opened at Kafanchan Judicial Division but was concluded in the Kaduna Judicial Division), four witnesses testified for the Respondent (plaintiff), whilst Alhaji Abubakar Inuwa (defendant) testified for himself as sole witness. Dissatisfied with the judgment (which is at Pp. 382 - 398 of the records), Alhaji Inuwa lodged the present appeal vide a notice of appeal dated 27/10/14. Following the demise of Alhaji Inuwa during the pendency of this appeal, Yahaya Muhammad Inuwa was substituted for him as Appellant and the Amended Notice of Appeal of 6/7/20 was deemed properly filed on 15/9/20 along with the Appellant’s brief, the Respondent’s brief and …

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