CORAM

PARTIES

AHMADU FALKE APPELLANTS

1.    BILLIRI LOCAL GOVERNMENT COUNCIL2.    AUDU TAHIR (District Head Tanglang)3.    DANLADI MAGAJI (Village Head of Kulgul)4.    ARDO GIDADO? RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Plaintiff/Appellant who was substituted with the original Plaintiff instituted an action at the Gombe State High Court of Justice in a representative capacity on behalf of Sarkin Baka family against the Defendants/Respondents claiming a land known as ‘Yola Popandi Kulgul’ as belonging to his family and the families of those he is representing. He claimed that he gave portion of the land to a Fulani herdsman named Jagaba to occupy temporarily but his (Jagaba) siblings started laying claim to the ownership of the land upon the death of the Plaintiff’s father. The Defendants/Respondents on the other hand claimed that the area in dispute is a grazing reserve acquired since 1963 by the 1st Defendant. The parties are in agreement as to the precise identity of the land in dispute.  Parties exchange pleadings and at the conclusion of trial, the Plaintiff/Appellant’s case was dismissed, hence the instant appeal.

HELD

Appeal Allowed

ISSUES

?    Whether the Appellant did not prove his case on a preponderance of evidence both in his pleading and on the oral evidence (Grounds 2, 3, 4, 6, & 8).?    Whether the Respondents have proved the acquisition as claimed in law (Ground 5).?    Whether or not the land in dispute was clearly described by the Appellant (Ground 1).?    Whether the exhibits rejected were properly rejected in law when the original is in the custody of the Respondent, and if the rejection did not occasion a miscarriage of justice (Ground 7).?    Whether in reconciling the pleadings, testimonies and exhibits it could said that the Appellant discharged the burden placed on him to merit Judgment in his favour (distilled from Grounds 1, 2, 3, 4, 5, 6, and 8).?    Whether the Exhibits rejected were legally admissible (distilled from Ground 7).

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

Constitution of Federal Republic of Nigeria; 1999 (as amended)Evidence Act, 2011 (as amended)Land Use Act, 1978

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