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CHIROMA WUYEP v. BASIYA FANZHI & ANOR

(2017) JELR 37551 (CA)

Court of Appeal  •  CA/J/120/2011  •  11 May 2017  •  Nigeria

Coram
ADAMU JAURO JCA; UCHECHUKWU ONYEMENAM JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): This appeal is predicated on the decision of the Customary Court of Appeal, Plateau State in Suit No. CCA/2OA/2005 delivered on 29th July, 2008, wherein the Court set aside the decision of the Upper Area Court Langtang, which judgment was in favour of the Appellant in respect of a parcel of land lying and situate at Langtang North L.G.A. of Plateau State.

The Respondents (as Plaintiffs) sued the Appellant (as Defendant) before the trial Upper Area Court Langtang for declaration of title to a piece of land situate at Pil - Gani in Langtang North L.G.A. The Appellant denied the claim stating that the land belongs to him.

The case of the Respondents is that the land in dispute was originally cleared and cultivated by their late great grandfather - Daman; that upon the demise of Daman, the land devolved on their grandfather - Miri; and that upon the demise of Miri, the land devolved on their father Fanzhi from whom they inherit…

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