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MUHAMMED MIJINYAWA & ANOR v. ALHAJI YUSUF ANAS

(2016) JELR 36924 (CA)

Court of Appeal  •  CA/YL/73/2004  •  26 Jan 2016  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA; JUMMAI HANNATU SANKEY JCA; SAIDU TANKO HUSSAINI JCA;

Judgement

TIJJANI ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Justice, Taraba State (Coram Adamu Aliyu (CJ) (as he then was) delivered on 7th February, 2012 wherein the Lower Court ordered the transfer of the case before it to Mutum Biyu Area Court. The ruling of the Lower Court can be found on pages 62 to 63 of the Records.

In the Court below, the Appellants as plaintiffs filed this suit and claimed against the Respondent/Defendant via a Writ of Summons dated 15th April, 2005 as follows:

1. A Declaration of title to the piece of parcel of land situate and lying at Anguwan Bariki, behind the Ministry of Agriculture, Extension Office, along Cooperative Road and is bound in South by the Ministry of Agriculture, West by the House of Mallam Garba, North by TK Line and the House of Sarkin Zango and on the East by the House of Alhaji Yusuf Jessawa and thereby Comprising land approximately 4050 square meters in Mutum Biyu town of Gosso…

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