PAUL ADAMU GALINJE, J.S.C. (Delivering the Leading Judgment): Sometimes in 1993, one Masinja Tanko claimed against the Respondent herein a declaration of title to a piece of land at the Area Court, Kuta, in Niger State. During the trial the Respondent who was then the defendant to that action was asked whether he has brought his witnesses to the Court. This is what he told the Court:-
"The person I have brought is only one. He is Garkuwa Maikama and he is the one who gave me this piece of land and I continued borrowing it to other persons about six of them in number. And Garkuwa Ibrahim Makama is present in Court now and I want him to testify before this Court."
In his evidence before the area Court Kuta, the Appellant herein who was called by the Respondent testified as follows:-
"I have heard Masinja Tanko the plaintiff and Maianguwan Jaba the defendant, but what I want to say to this Court is that there is no doubt that I borrowed Maianguwan Jeba the disputed farmland. But it is not g…