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SABO ZANGYE v. AYIMABA TUKURA

(2018) JELR 38605 (CA)

Court of Appeal  •  CA/MK/175/2017  •  2 Nov 2018  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; ONYEKACHI AJA OTISI JCA; JOSEPH EYO EKANEM JCA;

Judgement

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This Appeal is against the Judgment of the High Court of Justice, Nasarawa State sitting in its appellate jurisdiction delivered on 17th February, 2017, Coram: Abundaga, J. and Oyigbenu, J. Therein, Judgment was issued in favour of the Respondent as Appellant.

The Judgment of the lower Court was predicated on an interlocutory Appeal brought by Respondent herein challenging the jurisdiction of the trial Grade 1 Area Court, New Karshi on two grounds, to wit:

(i) that suit instant was statute-barred; and

(ii) that the suit constitutes abuse of Court processes as contained in their Notice of Appeal dated 6th November, 2015.

Briefly put, the facts leading to the Appeal are thus: Sometime in the year 2002, the Appellant (as Plaintiff) commenced an action seeking title to land at the Grade 1 Area Court Karshi in Nasarawa State vide suit no CV/37/2002. At the trial, the trial Grade 1 Area Court entered Judgment for the Respondent (a…

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