SAIDU TANKO HUSSAINI, J.C.A. (Delivering the Leading Judgment): This appeal is against the appellate decision of the High Court of Gombe State sitting in Gombe on the 25th July, 2011 in Appeal No. GM/102A/2010 wherein the Judgment of the Upper Area Court II was affirmed. The Upper Area Court II Gombe had affirmed the Judgment of the Billiri, Grade I Area Court.
Facts:
The Respondent commenced action against the Appellant at the Grade I Area Court and claimed title to the land in dispute as the property of his deceased grandfather which had devolved on him through his father, Largume. Bejum his grandfather it is claimed, first cleared the land and permitted Kudiyo, appellants grandfather to live on the land since himself (Bejum) being an itinerant hunter moved from place to search for game. Begum also allocated portion of the land to Manzo, now late to settle and farm. With the death of Kudiyo and Manzo, their children remain on the land farming and paying tributes as customary tenants u…