JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Lead Judgment): This Appeal is against the Judgment of the Gombe State High Court sitting in its appellate jurisdiction in Appeal number GM/25A/2017 delivered on June 24, 2018, Coram Pindiga, J. and Kerengs, J. Therein, the lower Court set aside the decision of the Upper Area Court (UAC) Kaltungo which had awarded the the land in dispute to the Appellant, after the latter (the UAC) had equally set aside the Judgment of the trial Area Court, Kulani.
The facts of the case giving rise to the Appeal are briefly as follows: Sometime in the year 2016, the Appellant had filed a suit against Alhassan Sajo at the Area Court, Kulani claiming a parcel of land which he claimed he had given to the Defendant to farm on loan/trust. The Defendant denied the claim and contended that he owned the land, having founded same and been in long and undisturbed possession for a period of thirty-five years. Title having been put in issue, the matter proceeded to he…