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ZAKI MAMMAN & ANOR v. MALL. DAN HAJO

(2016) JELR 36854 (SC)

Supreme Court  •  SC.202/2014  •  29 Jan 2016  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JSC; SULEIMAN GALADIMA JSC; OLUKAYODE ARIWOOLA JSC; MUSA DATTIJO MUHAMMAD JSC;

Judgement

MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Sokoto Division, hereinafter referred to as the Lower Court, delivered on 28th June 2012. The brief facts of the case that brought about the appeal are supplied immediately below.

As plaintiff, the respondent herein commenced action against the appellants at the upper Sharia Court I Birnin Kebbi claiming possession of the farm lands he inherited from his father. The farm lands in dispute are situate at Karaye district of Kebbi State. At the conclusion of trial, the trial Court rejected the testimonies of the witnesses called by the respondent to prove his case for same were successfully impeached. Instead, the Court preferred the testimonies of the witnesses of the appellant and entered judgment for him.

Dissatisfied, the respondent appealed to the Sharia Court of Appeal which, on dismissing the appeal, affirmed the trial Court's judgment. Respondent's further …

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