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DIJE MAMMAN DAHIRU KINFAU V. MUSA NA ZARA KINFAU

(2005) JELR 42681 (CA)

Court of Appeal  •  CA/K/140/2001  •  24 Nov 2005  •  Nigeria

Coram
BABA ALKALI BA'ABA JCA; ABUBAKAR ABDULKADIR JEGA JCA; STANLEY SHENKO ALAGOA JCA;

Appearances
Y.J NZUWE ESQ. For Appellant RESPONDENT ABSENT AND NOT REPRESENTED For Respondent

Judgement

BABA ALKALI BA'ABA, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the Katsina State High Court, sitting in its appellate jurisdiction, holden at Dutsinma Judicial Division, Dutsinma, delivered on 25th day of May, 2000. The appellant, Dije Mamman Dahiru Kinfau, was the plaintiff at the Ruma Area Court, Batsari, where she instituted an action against Musa Nazara Kinfau, the respondent in this appeal. The appellant's claim before the Ruma Area Court, Batsari as stated by the appellant reads:

"I, Dije Kinfau, I am suing Musa and Sabe because there is a farmland which belongs to my father Ali, which is situated at Kinfau when he is about to travel to Mecca, he gave Mai Unguwa Bako the father of Musa and Sabe the farmland for safe keeping, he spent 13 years then he came back, when he came back, he collected his farmland from Musa the son of Mai Unguwan Bako, he gave the said farm to us and we cultivated it for one year. Then when he came back, he found t…

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