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YUNANA JAGABA & ORS v. USMAN MOHAMMED UMAR

(2016) JELR 36905 (CA)

Court of Appeal  •  CA/K/266/2012  •  18 May 2016  •  Nigeria

Coram
IBRAHIM SHATA BDLIYA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA;

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, JCA (DELIVERING THE LEADING JUDGMENT): The case leading up to this appeal arose out of dispute over the ownership of a parcel of farm land lying and being at Kamazou Village in Chikun Local Government Area of Kaduna State and the Respondent, as plaintiff, commenced the action in the Lower Court against the Appellants, as defendants. The claims of the Respondent by an amended statement of claim dated the 30th of January, 2012 were for:

i. A declaration that the farm land situate at Kamazou Village in Chikun Local Government Area of Kaduna State rightly belongs to the Respondent by virtue of a certificate of occupancy, No CK/A/000616 and Sale Agreement between him and Alhaji Ahmed Mohammed Goni which conferred title on him.

ii. An order of perpetual injunction restraining the Appellants or whomsoever, their servants, agents, privies and any other person that may act on their behalf from further entering, erecting, developing any building, selling, destroyin…

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