AIKAWA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court Kaduna, sitting in its appellate jurisdiction setting aside the decision of the Upper Area Court, Zaria, and affirming the decision of trial Markarfi Area Court.
In the said trial at Markarfi Area Court, the respondent herein claimed against the appellant, the return of his irrigation plot which he pledged to the appellant for a loan of N40.00. The appellant admitted that the said irrigation plot belonged to the respondent who later sold it to him some 7 years ago at the cost of N40.00, the receipt of which amount was acknowledged by the respondent in the sale agreement which was prepared by Sarkin Kaura, a copy of which was given to him. Although the trial Judge had ascertained that the onus of proof of the sale rests on the appellant, he however, called upon the respondent to prove his title to the said plot. He therefore called three witnesses, among them, only PW1 gave eviden…