MUSA MADAMI V. AYUBA TURAKI & ORS

AMINA AUDI WAMBAI, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the Kaduna State Customary Court of Appeal presided over by Hon Justice S. H. Makeri delivered on the 2nd November, 2011 affirming the decision of the Customary Court, Kasuwar Magani delivered on 20/05/2011 which entered Judgment in favour of the Respondents against the Appellant.

At the Customary Court, Kasuwar Magani, Kaduna State (now called the Trial Court), the 1st Respondent as 1st Plaintiff with his two brothers, Phillibus Turaki and Adamu Turaki as 2ndand 3rd Plaintiffs (now, both deceased) instituted an action against Madami Yerima (Appellant's late father) as defendant claiming declaration of title to a piece of land situate at Bugai village in Chikun Local Government Area, Kaduna State. Madami Yerima did not only deny the claim but also counter-claimed in respect of the same piece of land.

In support of their claim, the 1st and 2nd Plaintiffs testified as PW1 and PW7 respective…