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ISHAKU NUHU v. USMAN ZAKAR & ORS

(2018) JELR 38465 (CA)

Court of Appeal  •  CA/J/245/2017  •  18 Sep 2018  •  Nigeria

Coram
ADZIRA GANA MSHELIA 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 High Court of Yobe State in Suit No YBS/HC/PT/21CV/2014 delivered by Honorable Justice I. W. Jauro on the 6th of February, 2017. The Appellant was the claimant in the lower Court and the Respondents were the defendants. The dispute leading up to the action in the lower Court was in respect of ownership of a farmland lying and being at Garin Yawale by Gadaka in Fika Local Government Area of Yobe State and it is bounded on the east by the house of Kondo, on the west by Babaji Village grave yard, in the north by a farm owned by Yusuf Dadinka and in the south by a farm owned by late Doya Data.

The case of the Appellant was that the farmland was originally founded and cleared by his grandfather, one Yawale, who was also the father of the first Respondent and that his grandfather dug a well on the land, which was still in use till date. It was his case that by virtue of his gr…

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