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JAURO JAKA YANI & ORS v. ALHAJI BAPPA ABBARE

(2013) JELR 35405 (CA)

Court of Appeal  •  CA/YL/42/2012  •  31 Jul 2013  •  Nigeria

Coram
SOTONYE DENTON WEST JCA; JUMMAI HANNATU SANKEY JCA; IGNATIUS IGWE AGUBE JCA;

Judgement

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): The Appellants herein, led by Jauro Jaka Yani, were Defendants in a suit before the Upper Area Court, Jalingo, wherein the Respondent, Alhaji Bappa Abbare, as Plaintiff therein, had sought for the following reliefs:

a. "A declaration of title to a piece of land lying and situate at Walowol Tibaty.

b. An order of perpetual injunction against the Defendants and general damages of N1, 000, 000,00 (One Million Naira)."

To prove this claim, the Respondent adduced evidence through four (4) witnesses and two (2) exhibits, marked A and A1, being a receipt and a Customary Certificate of Occupancy issued by Karim Lamido Local government Council in Taraba State. In their defence, the Appellants adduced evidence through five (5) witnesses, but tendered no exhibit. At the close of evidence, both learned Counsel addressed the trial Court. Thereafter, the learned trial Upper Area Court Judge delivered a well-considered Judgment in favo…

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