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IAAN SATUMARI v. ALHAJI UMORU PTIL APAGU

(2017) JELR 37486 (CA)

Court of Appeal  •  CA/J/207/2015  •  20 Feb 2017  •  Nigeria

Coram
ADAMU JAURO JCA; UCHECHUKWU ONYEMENAM JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A.(Delivering the Leading Judgment): This appeal is against the judgment of the Borno State High Court sitting in its appellate Division in Suit No BOHC/G2/CVA/16/2010 delivered by Honorable Justices Ibrahim S. Bdliya and Mohammed Mustapha on the 8th of July, 2011.

The Appellant commenced the matter leading up to this appeal in the Sharia Court in Lassa, Borno State and his claim against the Respondent was for trespass committed on a parcel of farmland situate in Lassa Town in the Askira Uba Local Government Area of Borno State. The Respondent counterclaimed for ownership of the land on the ground that it was founded by his forebears and that he inherited the land from his father. The parties called evidence in proof of their respective cases and at the conclusion of which the Sharia Court Lassa entered judgment on the 15th of June, 2009 dismissing the claims of the Appellant and granting the counterclaim of the Respondent.

The Appellant was dissatisf…

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