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IKKO KASHADADI v. INGILLAS ARKIN NOMA

(2000) JELR 47332 (CA)

Court of Appeal  •  CA/A/75/98  •  4 Jul 2000  •  Nigeria

Coram
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA; ZAINAB ADAMU BULKACHUWA JCA; ALBERT GBADEBO ODUYEMI JCA;

Judgement

BULKACHUWA, J.C.A. (Delivering the Leading Judgment): The respondent was the plaintiff at the trial court, Upper Area Court No.1 Minna where he claimed against the defendant now the appellant as follows:

"The plaintiff is seeking the assistance of this Honourable Court against the IKKO (the defendant) for declaration of a title to a piece of land which the (sic) inherit the land from his father Sarkin Noma Kuta".

In reply to the said claim the defendant stated:

"The land does not belong to the plaintiff. I only know Yeko. I borrow Yeko"

The plaintiff adduced evidence with the calling of three witnesses while the defendant called five witnesses.

The trial court delivered judgment on the 28th May, 1997 and gave title of the farm in dispute to the defendant and dismissed the plaintiff's claim.

The plaintiff then appealed to the High Court, Minna relying on the omnibus ground. The High Court sitting as an appellate court gave its judgment on the 4th March, 1998, set aside the decision …

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