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AMANA YAWAI v. ISA KODELE

(2018) JELR 38392 (CA)

Court of Appeal  •  CA/YL/5/2017  •  25 Sep 2018  •  Nigeria

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

Judgement

SAIDU TANKO HUSAINI, J.C.A. (Delivering the Leading Judgment): The Appellant commenced action against the respondent at the Grade I Area Court, Zing where he sought the assistance of Court to declare him the owner of the farmland lying and situate at Nakari Kwama village in Zing LGA. The case went into hearing with parties on both sides calling evidence of witnesses. At the close of evidence of defendant, now Respondent, the trial Court, in a considered Judgment (finding) delivered on the 1st April, 2016 found for the plaintiff, the Appellant herein, hence ownership of the land in dispute was declared in his favour. The trial Court further made an order directed on the defendant now respondent to pay to the appellant as cost the sum of N15,000. 00.

Against that Judgment and order, the respondent herein as defendant appealed to the High Court of Taraba State vide the Notice of Appeal dated and filed on the 4th April, 2016, that is Appeal No. TRSJ/15A/2016. See page 1 of the record of Ap…

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