PETER TUPSHIK & ANOR V. PATRICE ISHAYA & ORS
(2018) JELR 39468 (CA)
Court of Appeal
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CA/J/253/2014
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13 Feb 2018
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Nigeria
Coram
OYEBISI FOLAYEMI OMOLEYE JCA;
JAMES SHEHU ABIRIYI JCA;
SAIDU TANKO HUSSAINI JCA;
Appearances
N.D. Nwadkon, Esq. For Appellant
Respondent not represented For Respondent
Judgement
<p>JAMES SHEHU ABIRIYI, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment delivered on 1st March, 2013 in the Plateau State Customary Court of Appeal holden at Jos.</p><p>The action commenced at the Upper Area Court holden at Mangu Plateau State where the Appellants as plaintiffs instituted the action against the Respondents as defendants seeking for a declaration of title over a piece of land lying and situate at Niyes, Panyam District of Mangu Local Government Area of Plateau State.</p><p>The case of the Appellants briefly stated is that the land in dispute belongs to them. They inherited the land from their fathers Tumshik and Fwangkin who inherited it from their father Jahas. Jahas inherited the land from his father Dingwan. Dingwan was the person who cleared the land originally. Part of the land was given on loan by Appellants grandparents to the Respondents. When the grandparents of the Respondents died, the Respondents started clearing the farmland as their own. Thβ¦</p>