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IDI AMADU SUGA v. MALLAM HALLE SUGA

(2017) JELR 37607 (CA)

Court of Appeal  •  CA/K/405/S/2016  •  13 Apr 2017  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; RIDWAN MAIWADA ABDULLAHI JCA;

Judgement

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): The plaintiff Idi Mulo Suga, referred to as Idi Amadu Suga, now appellant, instituted an action against the defendant Alhaji Halle Garin Wakili now called Malam Halle Suga, hereinafter called the respondent. The said action was instituted at the Baturiya Sharia Court, hereinafter called the trial Sharia Court. The claim of the plaintiff (appellant) as per page 32 of the records pertained to a farmland. He put it thus:

"I sued him to claim my father's farm which is in his possession for many years ago since the lifetime of my father."

Upon being specifically asked by the trial Sharia Court, the appellant mentioned his father's name as Amadu and that he left heirs. He also stated the boundaries of the farmland in question. Again upon being prompted by the trial Sharia Court, the appellant presented two witnesses with regard to the death of his father and their relationship. The trial Sharia Court accepted the evidence …

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