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IKKO KASHADADI V. INGILA SARKIN NOMA

(2007) JELR 46562 (SC)

Supreme Court  •  SC.263/2000  •  8 Jun 2007  •  Nigeria

Coram
NIKI TOBI JSC; GEORGE ADESOLA OGUNTADE JSC; ALOMA MARIAM MUKHTAR JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC;

Appearances
Femi Fajemirokun, Esq. For Appellant Ibrahim Isiyaku, Esq. For Respondent

Judgement

N. TOBI, J.S.C (Delivering the Leading Judgment): This matter started from the Upper Area Court No.1, Minna. That was in 1995 and in suit No.UAC/MN/CVF/203/95. It was a claim of title over a farmland by the plaintiff/respondent. The defendant/appellant denied the respondent's title. He said that he borrowed the farmland from Yeko who he said owned the farmland.

The Upper Area Court gave a judgment in favour of the defendant/appellant. The court did not find the case of the plaintiff/respondent proved. The Court said at page 8 of the record:

"Having carefully studied the evidence, of the both parties squarely and placed the testimonies of each party on the scale of justice this court found out that the evidence of the plaintiff is not strong enough to grant him the title of the land he is praying for. Instead the evidence of the defendant out-weigh that of the plaintiff coupled with the fact that it was the defendant who told (sic) the possession of the land prior to the filing."

On ap…

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