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ABRAHAM SAKARI v. BAKO KUNINI & ANOR

(2000) JELR 43960 (CA)

Court of Appeal  •  CA/J/264/92  •  13 Jul 2000  •  Nigeria

Coram
JUSTIN THOMPSON AKPABIO JCA; JOSEPH JEREMIAH UMOREN JCA; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JCA;

Judgement

AKPABIO, J.C.A (Delivering the Leading Judgment): This is an appeal against a judgment of the High Court of Justice, Taraba State, holden at Jalingo in its appellate jurisdiction in Suit No. CGSJ/25A/90 wherein it unanimously dismissed with N100.00 costs the appeal of the appellant, which had gone to them on appeal against the concurrent findings of both the Area Court No.2, Jalingo, and the Upper Area Court, Jalingo, which had held that the fishing pond called "NYAWAU" belonged to the plaintiffs/respondents and not the defendant/appellant.

At the Area Court No. 2 Taraba State, sitting at Jalingo the plaintiffs (who are now the respondents) sued the defendant (who is now the appellant) claiming as follows:

"I am complaining against Abraham, claiming my fishing pond. The fishing pond we were using it together but there is a demarcation between us. There was a time when the deposed Emir of Muri Umaru Tukur told us he has transferred the pond to the Emirate Council for the purpose of fi…

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