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ALHAJI ALI KAKA v. ALHAJI UMARU MOHAMMED

(2017) JELR 34271 (CA)

Court of Appeal  •  CA/J/229M/2014  •  10 May 2017  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA; ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU JCA;

Judgement

ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU, J.C.A. (Delivering the Leading Judgment): The Appellant (the Plaintiff at the Court below), has herein appealed against the judgment of the Borno State High Court, Maiduguri, delivered by Hon. Justice C. A. Mamza on April 10th 2014.

The appellant vide Suit No. BOHC/MG/CV/90/2011, at the Court below sought the following reliefs:

i. A declaration that plaintiff is entitled to farmland situated at Muna and covered by customary right of occupancy No.000101.

ii. Injunction restraining the defendants, his servants agents or any 3rd party claiming through him from disturbing the plaintiff's possession.

iii. An order that the defendant has no right to sell the said farmland and if there is any such sale, it is null and void.

iv. Cost of the suit.

His case, after evidence had been taken, was dismissed as lacking merit and in consequence this appeal.

The gist of the case at the Court below as gathered from the printed Record before this Court according to the Appeā€¦

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