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JUDGMENT
JUDGEMENT
Introduction:
The plaintiff on 6th July 2020 filed this action against the defendants seeking the following
reliefs:
1. Declaration of title to that piece of land situated and lying at Nalerigu. The
farmland which is the subject matter is bounded as follows:
Bounded by Dintigi-Rana and Yamusabla Salifu‘s farms in the North, in the
East bounded by Nuhu Gumah the son of Buntuo Gumah’s farm, in the West
old road of Bukperi alongside Danladi Sawyer and Bugri Abugri’s farms and
in the south bounded with Tidow Tia the brother of James Koligu Tia’s farm.
2. Recovery of the said land.
3. Injunction on the said land 4. Damages for trespass
5. Costs.
CASE OF THE PLAINTIFF
Plaintiff testified that he is a pensioner, and he lives in Nalerigu. According to the plaintiff,
D1, D2, D3 and D7 are his half-brothers with the same father but with different mothers. The
plaintiff’s case, in brief, is that he returned from southern Ghana in 1978 and he went to his
father by the name of Zambu-naa Wuni Mahami Waafu for land to farm on. Plaintiff says
that his father directed him to go and see one Tidow Tia who lives in the house of Yakurugu
for him to show him the land of Bukperinaaba Salifu. He avers that his father told him to give
a portion of the land to the son of Bukperinaaba Salifu who is called Nantomah Salifu after
Tidow Tia shows the land to him. According to the plaintiff, he complied with his father’s
instructions when he took the land.
Plaintiff avers that in 1985, a dispute arose between himself and Nantomah Salifu which went
before the Nayiri. He testified that when the matter was being heard by the Nayiri, the son
of Yidana Buntoo, by the name of Buntoo Gumah who was amongst those present at the
hearing with the permission of the Nayiri stated that the land that the plaintiff and defendant
are fighting over belongs to his father. According to the plaintiff, Nayiri disagreed with
Buntoo Gumah and stated that he knows that that land is Bukperinaaba’s farmland. The
plaintiff said that confusion and a prolonged argument ensued and as a result, a three (3)
member committee comprising; Adu Wuni, Mba Akara Tia and Bonzangna Gumah was
commissioned to go on to the disputed land to demarcate a portion of the land for Buntoo
Gumah and the remainder given to the plaintiff and Nantomah Salifu. The plaintiff avers
that the next day, they went onto the land with the committee members and a portion of the
land was demarcated for Bun