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ALHAJI UMARU HARUNA MAI-AIKI V. DANLADDI MAI-DAJI

(2001) JELR 55547 (CA)

Court of Appeal  •  CA/K/136S/96  •  24 Apr 2001  •  Nigeria

Coram
MURITALA A. OKUNOLA, JCA (Presided and Read the Lead Judgment) MAHMUD MUHAMMED, JCA SAIFULLAHI MUNTAKA-COOMASSIE, JCA

Judgement

OKUNOLA, JCA (Delivering the Lead Judgment): This is an appeal from the judgment of the Kebbi State Sharia Court of Appeal holden at Birnin Kebbi delivered on 9/4/94 wherein the appellant’s appeal against the decision of the upper Area Court, Birnin Kebbi was dismissed. The facts of this case briefly put were as follows: The appellant herein as plaintiff instituted this matter before the Upper Area Court Birnin Kebbi claiming his father’s farmland in possession of the respondent herein as defendant. At the trial, the appellant admitted that the farmland although on loan has, for 15 years ago been with the respondent who is related to them by marriage. The appellant asserted that after the death of his father when he requested for the return of the farmland, the respondent admitted and accepted to return same. Later, the respondent refused to return the farmland, and, then claimed that he purchased the farmland from the appellant’s father.

The respondent denied that the farmland was o…

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