ABU MAIZAKI V. ZINE KABIRU

AMINA AUDI WAMBAI, J.C.A.: (Delivering the Leading Judgment): This appeal is from the decision of Katsina State High Court in suit No. KTH/DM/13/2008 delivered on the 20th July, 2009 by Hon. Justice A. A. Abukur, wherein Judgment was entered in favour of the Plaintiff (now Respondent) declaring her the owner of the land in dispute against the defendant (now the Appellant).

The claims of the Respondent's, as Plaintiff, before the Lower Court were for:-

(a) "Declaration of this Honourable Court that the Plaintiff is the lawful owner of the farm in dispute.

(b) The farmland originally belongs to Danlami Plaintiff's husband.

(c) An Order of perpetual injunction restraining the Defendant his agents, privies and servant from entry or claim ownership".

The Appellant as defendant, filed a statement of claim to deny the Respondent's claim.

In proof of her case, the Respondent as Plaintiff called 3 witnesses whose case was that the farmland in dispute situate in Turare Area, of Karo village belonged …