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ALH. ISA DOGON YARO v. SAFARATU PAGIEL & ORS

(2018) JELR 38548 (CA)

Court of Appeal  •  CA/YL/89/2016  •  11 Jul 2018  •  Nigeria

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

Judgement

OYEBISI FOLAYEMI OMOLEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Adamawa State sitting in Yola in its appellate jurisdiction, (hereinafter called the lower Court) delivered on 9th of May, 2016 in Appeal No. ADSN/18A/2014.

The brief background facts of this matter are that, the Appellant herein as plaintiff before the Upper Area Court, Numan (hereinafter called the trial Court), in Suit No. UACN/CVF1/73/2011, purportedly sued the Respondents as defendants for declaration of title to a certain portion of land. At trial, the Appellant in support of the purported action, gave evidence personally and called three additional witnesses. In defence of the purported case against them, the 3rd Respondent and two other witnesses gave evidence for the defendants. At the close of the cases of the parties, the trial Court allegedly conducted a visit to the locus in quo in company with all the parties, their respective counsel and witness…

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