OKUNOLA, JCA (Delivering the Leading Judgment): This is an appeal against the decision of the Bauchi State Shari'a Court of Appeal holden at Azare (hereinafter referred to as the SCA) whereat the present appellant appealed against the decision of the Upper Area Court Azare (hereinafter referred to as the UAC) which gave judgment in favour of the respondent/plaintiff in respect of the five disputed farms.
The facts of this case briefly put were as follows:
At the Upper Area Court where the present respondent as plaintiff sued the appellant here as the defendant claiming on behalf of his brothers and sisters the five farms inherited from their deceased father left under the control of the defendant/appellant who denied the claim. At the trial seven witnesses testified for the plaintiff/respondent out of which three of them, viz P.W. I, P.W. VI and P.W. VII gave direct evidence that they know some of the farms and knew the grand father of the parties and that the farms were not shared i…