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YUSUF RABIU V. ADO GOJE

(2002) JELR 52910 (CA)

Court of Appeal  •  CA/K/41/99  •  21 Mar 2002  •  Nigeria

Coram
RABIU D. MUHAMMAD, JCA (Presided and Read the Lead Judgment) VICTOR AIMEPOMO OYELEYE OMAGE, JCA JOSEPH JEREMIAH UMOREN, JCA

Judgement

MUHAMMAD, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Katsina State High Court of Justice sitting in its appellate jurisdiction. The facts which gave rise to these proceedings are:- The appellant herein, Yusuf Rabiu, instituted an action against the respondent, Ado Goje, at the Area Court III, Katsina. He was claiming ownership of a farmland situate at Jibia which he alleged belonged to his father. He said, he and his brother gave the farmland on loan to the respondent. After hearing evidence, the trial area court Judge gave judgment in favour of the appellant and awarded the farmland in dispute to the appellant. Dissatisfied with this decision, the respondent herein, appealed to the Upper Area Court II, Katsina. The Upper Area Court allowed the appeal. It set-aside the decision of the Area Court and returned the farmland to the respondent in the present case.

The appellant was not happy with the judgment of the Upper Area Court, he therefore app…

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