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ILIYA AKWAI LAGGA V. AUDU YUSUF SARHUNA

(2008) JELR 47421 (SC)

Supreme Court  •  SC.133/2002  •  27 Jun 2008  •  Nigeria

Coram
NIKI TOBI JSC; GEORGE ADESOLA OGUNTADE JSC; IKECHI FRANCIS OGBUAGU JSC; FRANCIS FEDODE TABAI JSC; IBRAHIM TANKO MUHAMMAD JSC;

Judgement

I. T. MUHAMMAD, J.S.C (Delivering the Leading Judgment): Iliya Akwai Lagga, the appellant herein, was the plaintiff at the Upper Area Court Saminaka, Kaduna State (trial Court). The original defendant was one Mallam Umaru Yusuf Sarhuna who died and was substituted by Audu Yusuf Sarhuna, the respondent. The claim of the plaintiff against the defendant reads as follows

"Statement of Claim - Alhaji Akwai said I sued Mallam Umaru because originally the farmland is for my grandfather Dogara which the grandfather of Umaru Magogori has nowhere to farm he went to one of my grandfather's friend called Namata he complained to him that he should find a farming place for him then Namata said he is on the base of a hill he has no enough farming place then Namata told him there is a friend of him Dogara (sic) has a place for one to stay I will ask him for you, when he came to my grandfather Dogara; he asked him that he has a stranger who wants to be given a place so that he (sic) work, Dogara agreeā€¦

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