CORAM

PARTIES

BOLA DANSALLA APPELLANTS

MUSA NAKEWA    (Suing for himself and representingThe Estate/family of Nakewa Tafutau)  RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Plaintiff now Respondent instituted this action in the High Court of Gombe State, holden at Gombe against the Defendant now Appellant seeking a declaration that only the heirs of the Estate of late Mallam Nakewa Tafutau are entitled to the farmland in accordance with Tangake customs, perpetual injunction restraining the Defendant by himself, agent and privies from committing further acts of trespass on the farmland, damages in sum of N700, 000 for acts of trespass by the Defendant. The Respondents relied on traditional history in proving title to land. The court, after considering the case for both parties entered judgement in favour of the Respondent. Aggrieved by the decision of the lower court, the Appellant has filed this appeal before this court.

HELD

Appeal Allowed

ISSUES

From the facts of this case whether the burden of proof at the trial court lied (sic) with the Appellant (Defendant) in the claim of title to land where the Respondent was the Plaintiff who was laying claim on the land in dispute? (Ground) • Whether the trial court in this case has jurisdiction to grant to the Respondent relief not specifically sought in his Statement of Claim.” (Ground 2)

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

None

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