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(2021) JELR 109618 (CA)

Court of Appeal  •  CA/G/439/2019  •  31 May 2021  •  Nigeria

Jummai Hannatu Sankey, JCA Tunde Oyebanji Awotoye, JCA Ebiowei Tobi, JCA


TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal filed by the appellant against the judgment of the Gombe State High Court sitting on appeal in suit No GM/81A/2018 which was delivered on 14th June, 2019.

The claim of the plaintiff at the Court of first instance reads thus:

“I Doglas Ahmadu Polore on behalf of the family offspring of Polore am sueing one by name Jauro Samaila Wasa on the issue of our farmland, which is in Lawurkondom this farmland Polore inherited it from our grandfather who is the one who founded (cleared) this farmland and then Ahmadu Kofur Polore lieu to Wasa father to Jauro Samaila on four (4) Pounds, now Ahmadu Kofur Polore is not alive so also Wasa father to Jauro Samaila he is not alive now, when I went to collect the farmland from Jauro Samaila Wasa he said to us actually it is his father’s Wasa that bought it from Kofur Polore while is not so. For this, we sued him to Court, for the Court to investig…

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