ADISA ABDULGANIYU MUSA MUSTAPHA V. ALIYU SALMAN OLAYINKA & ORS
(2018) JELR 39324 (CA)
Court of Appeal
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CA/IL/94/2017
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4 May 2018
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Nigeria
Coram
CHIDI NWAOMA UWA JCA;
HAMMA AKAWU BARKA JCA;
BOLOUKUROMO MOSES UGO JCA;
Appearances
U. S. Imam For Appellant
Dr. I. A. Abikan For Respondent
Judgement
<p>HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgment): This Appeal is against the judgment of I. B. Garba J., of the Kwara State High Court sitting in Ilorin in Suit No. KWS/188/2013: Adisa AbdulGaniyu Musa Mustapha (for himself and on behalf of Budo-Oke family) and Aliyu Salman Olayinka and three ors; delivered on the 28th of July, 2016.</p><p>In the said judgment, the learned trial judge after considering the totality of the case before him, held that:</p><p>In summary, the claim of the claimant fails and it is dismissed in its entirety for lacking in merit while the counterclaim of the 1st and 2nd counterclaimants/defendants succeeds having successfully established or proved their family ownership over the land dispute located at Salimonu Budo-Oke village in Ilorin West local Government of Kwara State.</p><p>In short, the appellants family claimed to have been the first settlers on the disputed land, having migrated from Bida in present day Niger State. They further claimed that having migrated fâŚ</p>