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MALLAM TANKO MOHAMMED TELLA & ANOR. V. ALHAJI AHMED H. USMAN & ANOR.

(1997) JELR 45420 (CA)

Court of Appeal  •  CA/K/132/93  •  3 Jul 1997  •  Nigeria

Coram
UMARU ABDULLAHI JCA; JAMES OGENYI OGEBE JCA; MAHMUD MOHAMMED JCA;

Judgement

OGEBE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the interlocutory decision of Kaduna State High Court delivered on the 26th day of January, 1993 rejecting the admission of a sale agreement on the disputed land on the ground that it was an unregistered instrument contrary to Section 15 of the Land Registration Law of the Laws of Northern Nigeria 1963 as applicable to Kaduna Slate. The appellants in Para. 4 of their statement of claim before the lower court averred as follows:-

"The plaintiffs aver that on or about the 25th day of November, 1988, the 1st plaintiff otherwise called Mohammed Dahiro Tanko, in conjunction with his brothers and sisters, sold to the 2nd plaintiff the piece or parcel of land the subject matter of this suit measuring 0.652 acres lying and situate between beacons No. ZA 6364 and ZA 6365, and a small stream. The said parcel of land is adjacent to Zurmi close, Bamawa GRA, Kaduna."

While the respondents by their Para. 2 of the statement …

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