UGOCHUKWU ANTHONY OGAKWU, JCA (Delivering the Leading Judgment): The disputed land in this matter is a piece of farmland at Kuwyi in Niger State. The Respondents herein claim ownership of the land, being inheritance from their respective fathers, who are brothers; and who had inherited the land from their grandfather. From the facts pleaded by the Respondents, there had been previous litigation over the land before the Gwada Area Court which entered judgment in favour of the Appellant, but on further appeal to the Upper Area Court, Minna, the judgment of the Gwada Area Court was set aside and a retrial was ordered.
With the success at the Upper Area Court, the 1st Respondent commenced another action against the Appellant at the Sharia Court, Gwada. While the said action was pending, the Respondents instituted the proceedings which spawned this appeal before the High Court of Niger State in SUIT NO. NSHC/MN/220/2011: ALHAJI IBRAHIM IDRIS & ANOR. vs. BAWA MAGAJI. The Respondents claimed …