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ALHAJI MOHAMMED MAGAJI v. ALHAJI MUSA KUYANBANA

(2013) JELR 35841 (CA)

Court of Appeal  •  CA/MK/139/2012  •  27 Mar 2013  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA; MOHAMMED A. DANJUMA JCA;

Judgement

MOHAMMED A. DANJUMA, J.C.A. (Delivering the Leading Judgment): The Appellant in this appeal was the Plaintiff at the Upper Area Court, Keana. At the trial Upper Area Court, the Plaintiff had claimed per his Writ of Summons as follows:-

"3. That the Plaintiff is the rightful customary owner of a parcel of land lying and situate at Okyokulo Road, Daddere.

4. That the land was lent to the Defendant by the Plaintiff's father and the Plaintiff wishes to take same back."

Whereof the Plaintiff claims thus:

1. A declaration that the Plaintiff is the Customary Owner of the land.

2. A perpetual order of injunction restraining the Defendant, his privies servants, assignments, beneficiaries, etc. from further act of trespass on the Plaintiff's land.

3. Any further orders the court may deem fit to make in the circumstances.

The trial court gave judgment in favour of the Plaintiff.

Dissatisfied, the Defendant appealed to the High Court of Justice, whereat the court upturned the decision of the tria…

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