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MUSA DAUDA V. MAGAJIYA DAN ASABE

(1997) JELR 45412 (CA)

Court of Appeal  •  CA/E/965/97  •  16 Sep 1997  •  Nigeria

Coram
MURITALA AREMU OKUNOLA JCA; MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA; IBRAHIM TANKO MUHAMMAD JCA;

Judgement

OKUNOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Sharia Court of Appeal of Katsina State delivered on 23/11/95 wherein the Court dismissed the appeal by the present appellant against the earlier decision of the Upper Area Court Funtua which had quashed the earlier decision of the Danja Area Court.

The facts of this case briefly put are as follows: The respondents herein as plaintiff before Danja Area Court sued the appellant herein as defendant claiming as per page 1 of the records as follows:

"I, Magajiya sue M. Dauda because my father Mohammadu went and left his farmland in his possession while his mother and my father are brother and sister. I came and asked for our farmlands he told me that he bought the farmlands. We don't have any in his possession that is why I sue him to court and praying to Court to collect back my father's farmlands."

The plaintiff claimed that his father died 8 months earlier. The Court confronted the defendan…

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