OBINNAYA ANUNOBI OKEZIE, J.C.A. (Delivering the Leading Judgment): The respondent was the plaintiff at the Upper Area Court Konduga Borno State. He brought an action against the appellant claiming ownership of the farm in dispute and also an order for ejecting the appellant from his farmland. The matter was strictly between the two parties.
The said Area Court after hearing evidence from the parties and their witnesses gave judgment in favour of the respondent.
The appellant dissatisfied with the judgment of the Upper Area Court appealed to the High Court of Justice Borno State, Maiduguri.
At the hearing of the appeal, learned counsel for the respondent raised a preliminary objection on the ground of Notice of Appeal being grossly incompetent. Accordingly the learned Judges struck out the appeal and set aside the judgment of the trial Area Court.
Not satisfied with the judgment of the appellate High Court, the appellant has further appealed to this court predicated on one ground of a…