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MOHAMMED JUWO V. ALHAJI SHEHU & ANOR.

(1992) JELR 43126 (SC)

Supreme Court  •  SC.96/1989  •  2 Oct 1992  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; SAIDU KAWU JSC; UCHE OMO JSC; EMMANUEL OBIOMA OGWUEGBU JSC; SHEHU USMAN MOHAMMED JSC;

Judgement

A. B. KAWU, J.S.C (Delivering the Leading Judgment): The appellant in this appeal was the plaintiff in the Gwaram Area Court where he instituted an action against the respondents and some others, claiming title to some farmlands. He stated his claim in that Court as follows:-

"........ I am suing Alh. Shehu, Alh. Ibrahim and Sale Sara claiming my father's farm namely Fulani Dungure who died about 26 years while I was at the age of 9 years in the care of Alh.lbrahim, Alh. Shehu and Sale Sara and when I came back from travelling Sarkin Sara Sule told me that my father's farm is in the hands of these persons. I have sued before the court."

The trial Judge then turned to the defendants and asked them what they had to say to the plaintiffs claim, and they stated as follows:-

"We heard him and understood what he said but his farm is not in our hands and his farm was bought by Alh. Ibrahim from Arnadu Mai Alewa/K/Toro but he died now about 29 years and he bought it at the amount of N8.00 a…

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