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ABDULLAHI ADO DAN KOYA KUFASA & ORS v. MALLAM BAFFA KUREN DAGA & ORS

(2014) JELR 36621 (CA)

Court of Appeal  •  CA/K/169/2002  •  28 Apr 2014  •  Nigeria

Coram
ABDU ABOKI JCA; THERESA N. ORJI-ABADUA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the Jigawa Sate High Court in Suit No JDU/9/2000 delivered by Honorable Justice Tijjani Abubakar on the 7th of April 2000 dismissing the Appellant's application for interlocutory injunction. The Appellants, as plaintiffs, commenced the action in the lower Court against the Respondents, as defendants, by a writ of summons dated the 10th of February, 2000 and their claims were for:

i. A declaration that the Plaintiffs are the traditional custodians of fishing water ponds at Kufasa, Madiga, Gwayi and Kakum having been in active fishing occupation of the said water ponds from time immemorial.

ii. A declaration that the Plaintiffs cannot be deprived of their active fishing occupational rights from the water ponds without due process of law.

iii. A declaration that anything that has the effect of denying and or depriving the plaintiffs as traditional custodians of their active fish…

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