ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This matter had two outings before both the Area Court Gwantu and the Upper Area Court, Kafanchan.
In the first outing, the respondent in this appeal instituted an action before Gwantu Area Court claiming a farm land which he claimed to have inherited from his late father. In the first suit it was not the present appellant that was sued, but one Yusufu. An appeal was lodged before the Kafanchan Upper Area Court, which allowed the appeal, but ordered a new trial before the same Gwantu Area Court with a directive that the respondent should sue the present appellant instead of Yusufu.
The respondent complied with the order and instituted a fresh action before the Gwantu Area Court over the same piece of land, but this time around the present appellant was sued as defendant. The Gwantu Area Court heard the case afresh and both parties called 4 witnesses in support of their claims. In this suit, the appellant as defendant also claimed ow…