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ALHAJI ABAN MARARRABAN KWARI v. LIVINUS RAGO

(2000) JELR 43925 (CA)

Court of Appeal  •  CA/K/24/95  •  15 Jun 2000  •  Nigeria

Coram
ISA AYO SALAMI JCA; RABIU DANLAMI MUHAMMAD JCA; MAHMUD MOHAMMED JCA;

Judgement

ISA AYO SALAMI, J.C.A. (Delivering the Leading Judgment): The plaintiff, before Kachia Area Court No.1, claimed title to a parcel of land given to him five years ago against the defendant. The piece of land was allegedly given to him by Sarkin Kachia and is situated to the East of Mazuga town in Mazuga District. The defendant agreed to having cleared the piece of land and had done the clearing nine years ago. He claimed that he had enjoyed quiet possession since he started tilling the farmland. He traced his title to Sarkin Kachia, Abubakar. through Sarkin Mazuga, Aduwan who put him in possession. The plaintiff, at the trial area court, was successful and was awarded the farmland situated at Mazuga, Kachia Local Government.

The defendant was unhappy with the decision of the area court and being dissatisfied appealed to the Kachia Upper Area Court against the area court's decision. Once more he was unsuccessful in his attempt to obtain the reversal of the decision of the trial court. T…

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