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  • 2003-10-27
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Jibrin vs. N.E.P.A.

ALHAJI AHMED

( Alias Alhaji Ahmadu Abba Shuwa )

V

BULAMA KALIGE

BULAMA BUNU

COURT OF APPEAL

( JOS DIVISION )

IBRAHIM TANKO MUHAMMAD, JCA ( Presided )

ISA ABUBAKAR MANGAJI, JCA ( Read the Lead Judgment )

IFEYINWA CECILIA NZEAKO, JCA

CA/J/144/98

THURSDAY, 11TH JULY, 2002

APPEAL - Ground of appeal - Ground from which no issue is formulated -  How treated

APPEAL - Findings of fact by trial court - When appellate court will interfere

COURT - Findings of fact by trial court - When appellate court will interfere

CUSTOMARY COURT - Title to land - Acquisition of title to land under customary law - Condition precedent thereto

EVIDENCE - Proof - Ttitle to land - One of the five ways of proving

EVIDENCE - Proof - Proof of identity of land - When not necessary

LAND LAW - Customary law - Acquisition of title to land thereunder - Condition precedent thereto

LAND LAW - Identity of land - Proof of - When necessary


LAND LAW - Statutory right of occupancy - Failure of holder thereof to prove purchase of land - Effect

LAND LAW - Ttitle to land - One of the five ways of proving

PRACTICE AND PROCEDURE - Findings of fact by trial court - When appellate court will interfere

Issues:

1.             Whether the respondents discharged the evidential burden of proof cast on them.

2.             Whether the lower court properly evaluated the evidence before it.

Facts:

The respondent herein as plaintiffs filed a suit against the defendant/ appellant, at the High Court of Borno State claiming declaration of title, injunction, damages and costs among others.

The plaintiffs asserted that they hold title to the farmland having inherited same from their parents who equally inherited the farmland from their father. The defendant on his own part relied on purchase of the same land from a Bulama Aba (PW4) and others after which he secured a customary right of occupancy. He accordingly applied for and was granted a conversion of the title to statutory right of occupancy by the Borno State Government and was issued with certificate of occupancy No. BO/460.

However, the PW4 from whom the defendant alleged to have purchased the land stated on oath that he had a case with 2nd plaintiff’s father and 10 others before the Upper Area Court II, Maiduguri but lost the suit. That since he lost the suit he never tampered with the farmland except that he sold the same piece of land to the defendant.

At the conclusion of hearing, Coram A. G. Mshelia J. gave judgment in favour of the plaintiff. The defendant having been dissatisfied with the said judgment brought this appeal.