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JOHN M. MAFULUL & ORS v. BITRUS TAKWEN & ORS

(2018) JELR 38456 (CA)

Court of Appeal  •  CA/J/142/2010  •  26 Apr 2018  •  Nigeria

Coram
UCHECHUKWU ONYEMENAM JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA; ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU JCA;

Judgement

HABEEB ADEWALE ADEWALE OLUMUYIWA ABIRU, J.C.A.(Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Plateau State, sitting in its appellate Division, in Suit No PLD/J12A/2006 delivered by Honorable Justices D. G. Mann, D. Longji and A. N. Dandam on the 13th of February, 2009.

The matter leading up to this appeal came up at the Upper Area Court Mangu before Hon. Kevin L. Nashel (hereinafter called the trial Court) on the 6th of October, 2000. The Appellants were the claimants and they stated that their claim was for a declaration of title to a piece of farmland situate at Daffo in Daffo District and an order of injunction against the Respondents, as defendants, their agents, privies and any other person claiming through them. The original first defendant in the matter was one Siman Machom Mafuyai, who was later substituted with the first Respondent. Only the second to the fourth Respondents were in Court on the said 6th of October, 2000 and in respo…

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