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ALH. BUGAU MOSOBA V. UMAR ABUBAKAR

(2004) JELR 42386 (CA)

Court of Appeal  •  CA/J/257/93  •  13 Apr 2004  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JCA; IFEYINWA CECILIA NZEAKO JCA; IKECHI FRANCIS OGBUAGU JCA;

Judgement

ALOMA MARIAM MUKHTAR, J.C.A, (Delivering the Leading Judgment): The case before the Mayo-Ndaga Area Court in a suit instituted by the Appellant is that the Defendant/Respondent was employed to rear his cows and was loaned a farm land to farm on. The cows were not looked after well, so he demanded the farm land back, but the defendant requested for time to vacate the land. He refused to vacate the land, so he instituted the action for the land. The Defendant denied the Plaintiff's claim. The plaintiff called witnesses and the Defendant testified and called a witness to give evidence. The Area Court Judge found for the Plaintiff and made the following orders:

"The court hereby ordered the Plaintiff to pay the Defendant Yari six thousand and one hundred Naira N6,100.00) for the estimate of his rooms. He should pay before the court and the Defendant to claim same. The court had also ordered the defendant to leave the place for the plaintiff after he had received his labours within one (1)…

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