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USMAN DUNG NDAH v. ATARI WAYA

(2017) JELR 37448 (CA)

Court of Appeal  •  CA/J/357/2016  •  27 Jul 2017  •  Nigeria

Coram
UCHECHUKWU ONYEMENAM JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA; ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU JCA;

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A.(Delivering the Leading Judgment): This appeal is against the judgment of the Customary Court of Appeal sitting in Jos, Plateau State in Suit No CCA/4A/2015 delivered by Honorable Justices J. A. Kyentu, A. I. Sagai and B. L. Dalyop on the 13th of October, 2016. The Respondent commenced the action leading to this appeal against the Appellant in the Area Court Grade 1 in Gyel, Plateau State and his claims were for declaration of title to land, damages for trespass and perpetual injunction.

The records of appeal show that the Respondent called four witnesses in proof of his case and the Appellant called seven witnesses in proof of his defence and also that the Area Court Grade 1 visited the locus of the land in dispute in the course of trial. At the conclusion of trial and after the rendering of final address of Counsel, the Area Court Grade 1 entered judgment in favour of the Respondent on the 26th of August, 2015. The Appellant was dissatisfied with…

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