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RAVINBIYA SHANKE & ORS v. NARU NODANBA & ANOR.

(2020) JELR 91767 (CA)

Court of Appeal  •  CA/YL/156/18  •  1 Sep 2020  •  Nigeria

Coram
CHIDI NWAOMA UWA, JCA JAMES SHEHU ABIRIYI, JCA ABDULLAHI M. BAYERO, JCA

Judgement

CHIDI NWAOMA UWA, J.C.A. (Delivering the Lead Ruling): The appeal is against the judgment of the High Court of Taraba State delivered on 29/6/18 by J.D. Yakubu, J, (hereafter called the trial court). The Appellants were the plaintiffs at the trial court who commenced the action against the Respondents as defendants by a writ of summons filed on the 14th day of September, 2016 in which amongst other reliefs, sought for the Declaration of Customary Right of Occupancy to a portion of land measuring 6106.5m and 72.7 by 70m by 4.1m respectively, lying and situate at Tuye–Mang, Yorro Local Government Area, Taraba State said to have been encroached upon by the Respondents. At the trial, the appellants called four (4) witnesses and tendered a site plan which was admitted in evidence without objection and marked Exhibit “P1”. The appellants made out that they inherited a parcel of land at Tuye–Mang founded by their grandfather named Shanke and that they share a common boundary with the land of…

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