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(2021) JELR 109279 (CA)

Court of Appeal  •  CA/G/286/2019  •  31 May 2021  •  Nigeria

Jummai Hannatu Sankey, JCA Tunde Oyebanji Awotoye, JCA Ebiowei Tobi, JCA


TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal against the decision of Borno State High Court Maiduguri which sat in its appellate jurisdiction to hear the appeal filed by the Respondent against the judgment of Askira Uba Upper Sharia Court.

The Court of trial, i.e, the Court of first instance is the Uba Sharia Court. The claim of the plaintiff at the said Court states thus:

“My claim is that he moved into my father’s farmland, I said he should vacate the said my father’s farmland but he refused, thereafter I went and brought my father. My father said unto him young man, I inherited this farmland from my father, he said to him, he is lying. I went to cultivate the farmland with the tractor, and brought people to plant the farmland. He chased them and stopped them from planting. We then went to the farmland. When we went, one by name Gajawa threaten to kill me. My father then said let take them to the authority, so that the…

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