OKUNOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Yobe State Sharia Court of Appeal holden at Potiskum delivered on 1/6/94 which reversed the earlier decision of the Upper Area Court, Damagum.
The facts of this case briefly put are as follows:
This case was transferred by the Yobe State Sharia Court of Appeal for retrial at the Fune Upper Area Court Damagum. The respondent herein as plaintiff at Fune the Upper Area Court Damagum (hereinafter referred to as the UAC) sued the appellants herein as defendants claiming as per page I of the records, a farmland alleging that it belonged to his father, who gave it on loan to the 1st appellant who had failed to return same back to the respondent. On being confronted with the respondent's claim, the 1st appellant said he was given the land by one Baba Dira, their village head and the appellants thus denied the claim. The appellants further contended that ever since the gift to them they had been in…