A. B. WALI, J.S.C. (Delivering the Leading Judgment): On 18th February 1988 an application filed by learned counsel for the Appellants for leave to argue a ground of appeal raising an issue for the first time was argued. Ruling was then reserved by me to today. I now give my Ruling.
The Respondent as Plaintiff representing Gbatse Family sued the Appellants who were the Defendants in Lessel Area Court Grade 1, for a declaration of title to Gbatse Family farmland situate in Mbaaikyas. The claim was denied by the Appellants who also put up claim of ownership of the farmland in dispute. The parties called evidence in support of their cases. The Area Court Grade 1 gave judgment in favour of the Respondent. Subsequent appeals by the Appellants to both the High Court, Makurdi, Benue State, and the Court of Appeal, Jos against the Area Court's decision failed and were dismissed. They have now appealed to this Court.
It is to be noted that the action was filed in an Area Court where rule of f…