MOHAMMED, J.S.C. (Delivering the Leading Judgment): On 25th October, 1982, the Upper Area Court Pankshin, Plateau State, sitting at Pankshin, delivered a judgment in respect of an appeal brought before it by Haladu Dadi, the appellant in this appeal, against the decision of Grade I, Civil Area Court, Kanam Dengi. The subject matter in dispute was a house which Idi Garba, the respondent, in this appeal, claimed to belong to his late father. Idi Garba sued Haladu Dadi for the recovery of the said house.
In its judgment, the Upper Area Court Pankshin found that the lower court did not consider some vital issues during the proceedings before it. It suggested that one Jibir Musa who was alleged to have sold the house to the appellant be joined as a party in the suit. Thereafter the Upper Area Court ordered for a retrial of the action before the same court.
The retrial was concluded without Jibir Musa being made a party. He was however called as a witness for the defence. The evidence befo…