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(2021) JELR 109392 (CA)

Court of Appeal  •  CA/G/309/2019  •  26 Nov 2021  •  Nigeria

Jummai Hannatu Sankey, JCA Tunde Oyebanji Awotoye, JCA Ebiowei Tobi, JCA


EBIOWEI TOBI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Justice Borno State, Maiduguri Judicial Division in Suit No. BOHC/MG/CV/10/2017 delivered on 7th March, 2019 by Hon. Justice A. Z. Musa. The lower Court in its judgment dismissed the case of the Appellant, Claimant before it. The Appellant instituted an action at the lower Court against the Respondents. The claim of the Appellant was for the ownership of the disputed land measuring about 5,103sqm bounded on the East by a flour mill factory measuring about 82m, on the west an old bakery measuring about 81m, on the south is a fence wall measuring about 25.5m and on the north measuring 63m is an access road situate at Shuwari 5 Bolori 1 Maiduguri Metropolitan Council. The Appellant also sought for a permanent injunction against the Respondents among other reliefs. Pleadings were filed and exchanged by parties and after the battle between the parties during the hearing, the low…

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