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ALHAJI SAIDU USMAN V. ALHAJI SALIHU KAREEM

(1994) JELR 43387 (SC)

Supreme Court  •  SC.152/1993  •  24 Feb 1994  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC MICHAEL EKUNDAYO OGUNDARE JSC EMMANUEL OBIOMA OGWUEGBU JSC SYLVESTER UMARU ONU JSC YEKINI OLAYIWOLA ADIO JSC

Appearances
J .O. Ijaodola for the Appellant; Y.K. Sa'adu for the Respondent.

Judgement

WALI, J.S.C: (Delivering the Leading Judgment): The plaintiff, Alhaji Salihu Kareem sued the defendant, Alhaji Saidu Usman, before Area Court Grade II Oja, Ilorin presided over by Alhaji S.O. Ahmed claiming share of the land donated to the family of the litigants by the Fulanis.

The defendant denied the plaintiff's claim. He said the Fulanis did not donate the land in dispute to the family but only to two of them- himself and his brother Alhaji Issa.

The case proceeded to trial. The plaintiff gave evidence and called two witnesses. The defendant also gave evidence and called one witness in the person of his sister Nafi Akande. Exhibit A was put in evidence by the defendant to confirm that the gift of the land was made to only himself and his brother.

After each party had closed his case, the trial Judge accompanied by the plaintiff and the defendant inspected the land in dispute at the end of which he reserved judgment.

In the considered judgment delivered, the learned trial Judge op…

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