SHUAIBU GATA SHAGAYA & ANOR V. IBRAHIM LADAN & ORS
(2018) JELR 39462 (CA)
Court of Appeal
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CA/A/502/2013
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31 Jan 2018
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Nigeria
Coram
EMMANUEL AKOMAYE AGIM JCA;
TANI YUSUF HASSAN JCA;
MOHAMMED MUSTAPHA JCA;
Appearances
C. O. Okolo Esq. with him, C.S. Achebe, Esq. For Appellant
served but not represented in Court For Respondent
Judgement
<p>MOHAMMED MUSTAPHA, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of the High Court of Justice of Niger State, sitting in Suleja; Coram Hon. Justice Aisha L.B. Bwari, delivered on the 16th day of May, 2013.</p><p>The Appellants as the Plaintiffs took out a Writ of Summons dated 10th day of August, 2010 before the trial Court, claiming against the defendants as follows:-</p><p>a. A declaration that the plaintiff is the bona fide owner and entitled to customary title over that parcel of land measuring about 10.054 hectares situated and lying at Tungan Shagaya along Zariyawa Road, Suleja Niger State to the exclusion of the defendants.</p><p>b. A declaration that the purported acquisition of the plaintiffs farmland by the defendants is ultra vires, illegal, null and void and of no legal consequence whatsoever.</p><p>c. An order of perpetual injunction restraining the defendants, their servants, agents, privies and assigns from entering or tampering with the said farmland or acting in anyβ¦</p>