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BENJAMIN UBANYARA & ANOR v. PASTOR GANA

(2014) JELR 36501 (CA)

Court of Appeal  •  CA/J/15/2012  •  21 Mar 2014  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA; CHIOMA EGONDU NWOSU-IHEME JCA; IBRAHIM SHATA BDLIYA JCA;

Judgement

IBRAHIM SHATA BDLIYA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Gombe State High Court in its appellate jurisdiction (hereinafter referred to as the lower court) delivered on the 20th of June, 2011, wherein the judgment of the Upper Area Court, Kaltungo, was reversed and the judgment of the Tangale Waja Area court (hereinafter as the trial court) restored. Being dissatisfied with the judgment of the lower court, the appellants appealed to this Court vide a Notice of appeal filed on 26th June, 2011 on three grounds of appeal.

Briefly, the facts of the case from the trial court to this court are thus: The 1st appellant who was the plaintiff before the trial court sued the respondent (who was the defendant) claiming that he mortgaged his farmland to the respondent for the period of 16 years paying the sum of N23,000.00 (Twenty Three Thousand Naira) per annum. The respondent denied this claim and asserted that the land in dispute was sold to h…

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