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ALIYU USMAN & NASIRU ABDULLAHI V. HON. IBRAHIM ZAILANI

(2021) JELR 109401 (CA)

Court of Appeal  •  CA/MK/24/2018  •  27 Jan 2021  •  Nigeria

Coram
Onyekachi Aja Otisi, JCA Oludotun Adebola Adefope-Okojie, JCA Joseph Eyo Ekanem, JCA

Judgement

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Justice, Nasarawa State, sitting at Mararaba Gurku, Coram S.O. Aboki, J., delivered on December 14, 2017 in which the trial Court declared title to disputed land situate along Adkan Estate Road, Farin Ruwa, Mararaba Gurku at Karu Local Government Area, Nasarawa State in favour of the Respondent.

The case of the Respondent was that he purchased the disputed land, measuring about 7.34 hectares, from one Hajiya Maimuna Saidu Mohammed in 2001, who had in turn purchased the land in 1994 from the Bawa Adogo family of Karu under the headship of Bawa Adogo. Upon purchase, Hajiya Maimuna applied for and was granted Right of Occupancy by the Nasarawa State Government. She later obtained Statutory Consent in accordance with the Land Use Act, 1978 to assign the said Right to the Respondent. Thereafter, Hajiya Maimuna and the Respondent executed a Deed of Assignment registered …

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