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ALHAJI AHMED UMAR v. BAPPAYO WINDE & ORS

(2017) JELR 37705 (CA)

Court of Appeal  •  CA/YL/129/2015  •  2 Mar 2017  •  Nigeria

Coram
OYEBISI FOLAYEMI OMOLEYE JCA; JAMES SHEHU ABIRIYI JCA; SAIDU TANKO HUSAINI JCA;

Judgement

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment delivered on 23rd October, 2014 in the High Court of Gombe State holden at Gombe. The Appellant was the plaintiff. The Respondents were the Defendants.

The claim of the Appellant against the Respondents at the lower Court was for the following:

1. A declaration that the plaintiff on-behalf of his brother i.e. HAJIYA AISHA UMAR, ABUBAKAR UMAR, DIJA UMAR, YAYA UMAR, JEBU UMAR, MAIRAMA UMAR, MOHAMMED UMAR, HAJA ZAINAB UMAR and their mother FATSUMA SULAIMAN are the heirs of ALH. UMARU TONGO and therefore the radical title holders and beneficial owners of the farmland which is known and called GYASA ALH UMAR TONGO and is laying and situated in Kupto at Funa-kaye Local Government Area of Gombe State and is properly describe in the Certificate of Occupancy No BA/3173.

2. A declaration that the plaintiff and his brothers are entitle to a peaceful and quite possession of their farmland which they…

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