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JOSEPH IKYO MBAKUU v. AZA SYLVANUS AONDOKAA

(2017) JELR 40952 (CA)

Court of Appeal  •  CA/MK/110/2014  •  31 May 2017  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; ONYEKACHI AJA OTISI JCA; JOSEPH EYO EKANEM JCA;

Judgement

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Benue State High Court sitting at Makurdi in Suit No. MHCH/16/2010, delivered on February 3, 2014 wherein the judgment was entered in favour of the Respondent and the counter-claim of the Appellant was dismissed.

The case of the Respondent, who sued in a representative capacity as plaintiff at the lower Court, was that sometime in 2003, his family gave the land, subject matter of the suit, to the Appellant to cultivate on a temporary basis. This grant was allegedly made after the Appellant returned to the village from Nasarawa State following a communal clash in which he suffered great loss. The Appellant, without the knowledge, authority, consent and approval of the Respondent's family, let out on lease a portion of the land measuring 15 metres by 15 metres to EMTS Ltd, a telecommunications company, for valuable consideration. The Respondent then took action seeking forfeiture …

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