OKUNOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Kaduna State High Court holden in Zaria delivered by S. M. Comassie J. (as he then was) on 7/4/90 in appeal No. KDZ/Z/68A/90 whereupon the court affirmed the judgment of the Upper Area Court Ikara and in addition ordered the Upper Area Court No.1 Zaria to retry the case.
The facts of this case briefly put are as follows:-
The appellant in this matter, Maaji Galadima, instituted an action against the 12 respondents/objectors herein, claiming from them his fathers farmland given to them by the Late Sarkin Gwanki, at Gwanki town. The respondents denied the claim. The appellant's claim was tried by the Area Court No.1 Zaria City and judgment was entered in favour of Maaji Galadima, the plaintiff/appellant.
Being dissatisfied with this decision the twelve defendants/respondents appealed to the Upper Area Court Ikara, where they were represented by counsel, Mallam Dauda Umar, prominent of the gr…