ABDU DAN MAISHANU V. SARKIN FULANI HARDO
(1997) JELR 45505 (CA)
Court of Appeal
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CA/K/185/S/94
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5 Sep 1997
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Nigeria
Coram
MURITALA AREMU OKUNOLA JCA;
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA;
IBRAHIM TANKO MUHAMMAD JCA;
Appearances
Appellant Present in person For Appellant
Respondent Present For Respondent
Judgement
<p>MUNTAKA-COOMASSIE, J.C.A: (Delivering the Leading Judgment): This is an appeal against the judgment of the Katsina State Sharia Court of Appeal herein court below. The matter started from Yanduna Area Court (trial court). In that court the plaintiff (Appellant) instituted an action against the defendant, now respondent claiming his brother's farm from the defendant. This is because his (plaintiffs) brother died and the respondent occupied the land in dispute and was using same as his own. The defendant denied the claim and countered it by saying that the land in dispute initially belongs to his own father who gave the same land to the plaintiffs brother and when he migrated he took over the land he is now working on it for the first 30 years undisturbed. The respondent was so magnanimous when he agreed that since they are living together with the plaintiff/appellant the disputed land be shared equally to them. According to the record of Yanduna Area Court the appellant acceded to thisโฆ</p>