OGBUAGU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Borno State High Court sitting in its appellate jurisdiction pursuant to the leave granted by this court on 2nd October, 2000.
From the judgment of the High Court, it is clear that the parties and their privies, had litigated over land/village in the Area and Upper Area Courts before the High Court appeal.
The case started in Gulumba Area Court and the parties were Dungus Khurso v. Bulama Hassan (both of Mashamish). The judgment was in favour of the defendant. The plaintiff - Dungu's appeal to the Upper Area Court was successful. The said court, ordered a retrial of the case before Bama Area Court II which after the retrial, also gave judgment in favour of the defendant- Hassan.
On 7th January, 1997, the appellant sued the 1st respondent at the Bama Area Court 1, but lost the case. He appealed to the Upper Area Court on 15th May, 1997 and his appeal, was successful. At the Upper Area Cour…