BULKACHUWA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Adamawa State High Court sitting in its appellate jurisdiction on the 7th May, 2008.
The case originated at the Madagali Area Court No. 2 Shuwa on a retrial order by the Upper Area Court, Michika. The appellant’s claim before the trial court was over a piece of family land which he said was given to the defendant/respondent by his late father. That after the demise of his father the respondent sold a portion of the land to a third party, he therefore claimed declaration of title on the whole land and an injunction from further use of the land. The appellant as plaintiff testified and called three other witnesses, the defendant also testified and called three witnesses, after a visit to the locus in quo, and addresses of counsels for the respective parties, the trial court in a considered judgment delivered on the 11th March, 2004 found for the plaintiff and declared title on him, ordered…