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SHABA & ORS v. KPOTUN & ORS

(2021) JELR 109467 (CA)

Court of Appeal  •  CA/A/401/2014  •  30 Mar 2021  •  Nigeria

Coram
Habeeb Adewale Olumuyiwa Abiru, JCA Hamma Akawu Barka, JCA Elfrieda Oluwayemisi Williams-Dawodu, JCA

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Niger State delivered in Suit NSHC/MN/57/2001 by Honorable Justice Maria Zanda Zukogi on the 25th of February, 2014.

The Appellants commenced the action in the lower Court as accredited representatives of Bussi Village for themselves and on behalf of the Bussi Community in Paikoro Local Government Area of Niger State and they sued the Respondents as the accredited representatives of Kwanayi Community also in the Paikoro Local Government Area of Niger State. The claims of the Appellants were for:

i. A Court declaration that the Appellants are the owners cum deemed holders of rights of occupancy in respect of all that piece or parcel of land lying, being and situate at Bussi Village in Paikoro Local Government Area of Niger State (known and called Bussi Land), consisting of about 7.606 square kilometers and bounded by River Ngwo, River Dabwago, River Nyadan an…

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