ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment): This is an appeal by the Appellant against the decision of the High Court of justice of Borno State sitting in its Appellate jurisdiction delivered on the 18th day of September, 2013 by C.A. Mamza J. (Presiding) and H.Y Mshelia J. wherein the lower Court entered judgment in favour of the Respondent herein setting aside the decision of the trial Court (Upper Sharia Court Askira).
The facts leading to this appeal as presented by Appellant are as follows: On the 11th day of August, 2009 the Respondent herein instituted a claim before the Upper Sharia Court Askira at Askira Uba Local Government Area of Borno State claiming the inherited farmland of the Appellant herein. The Respondent herein presented his claim before the then judge (Alkali) Garba Gashi and the Appellant herein denied the said claim. The matter proceeded to full trial. The Respondent herein sought to tender in proof of his claim a judgment as the only evidence …