BIOEBELE ABRAHAM GEORGEWILL,J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Gombe State sitting in its appellate jurisdiction in Appeal No: GM/29A/2012: Bistrus Isah Lassanjang v. Heman Dangombe Lapan delivered on 8/4/2013 by M. A. Pindiga J and S. Y. Abubakar J, in which the judgment of Upper Area Court I, Gombe affirming the judgment of the Area Court Burak was set aside and an order remitting the case to the Upper Area Court I Gombe to evaluate evidence and give judgment in accordance with the law was made.
At the trial before the Area Court Burak, the Appellant as Plaintiff had claimed title to the land in dispute situate at Lassanjang on grounds of being the first to clear and cultivate the said land in 1963 when he discovered it as a bush and that none other had ever cultivated the said land. The Respondents father, Heman Dangombe Lapan was the Defendant but now deceased and substituted with the present Respondent on record, di…