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MUHD DAN IGE GUDI RAHA v. MUHAMMAD DAN IGE

(2017) JELR 37242 (CA)

Court of Appeal  •  CA/S/36S/2014  •  30 Nov 2017  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; MUHAMMED LAWAL SHUAIBU JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Kebbi State Sharia Court of Appeal, Zuru/Yauri Judicial Division delivered on 16th January 2014 in appeal no. SCA/KBS/YR/16/2013. The Appellant initiated this action at the Sharia Court, Yauri, seeking for a declaration of title or ownership of the farmland in dispute. The appellants claim was founded on an allegation that his father leased the farmland in dispute to the Respondent's father on the condition that whenever the Appellant and his siblings desired to have the land back, the Respondent should surrender same.

On the 25th January, 2012, the Respondent appeared before the trial Court and denied the claims of the Appellant. He further stated that he inherited the disputed farmland from his father who inherited same from one Tahiru 100 years ago.

At the trial, the Appellant called four (4) witnesses. On his part, the Respondent called five (5) witnesses in defence. The trial Co…

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