(1997) JELR 45526 (SC)    

Supreme Court  ·  SC.189/1993 ·  24 Jan 1997 ·  Nigeria
Other Citations
Usman v Kusfa (1997) 1 NWLR (Pt.483) 525
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria
Core Terms Beta
galadima tanko
court of appeal
upper area court
high court
res judicata
trial court
islamic law
favour of the respondent
plea of res judicata
sarkin wuchichire
senior advocate
alhaji haruna kosa v
decision of the high court
learned senior advocate
longer period
additional evidence
recovery of a farm land
a. b. wali
affidavit evidence
cases of s. a. shittu v
clear interpretation
correct principle of sharia
court of appeal decision
court of appeal kaduna division
end of the trial
following conditions
instant case
judgment of a court of competent jurisdiction
judgment of the trial court
judgments of the high court
late father
leading judgment
learned counsel
learned upper area court judge
light of the admissions of the parties
main complaints of the appellant
meticulous consideration of the appeal
present appellant
previous case
printed records
production of records of proceedings
rules of this court
said farm
submission of the learned counsel
subsequent judicial proceedings
sufficient facts of the cases

A. B. WALI, J.S.C. (Delivering the Leading Judgment): The respondent, who was the plaintiff, sued the present appellant;and Galadima Tanko before the Upper Area Court, Zaria City, for the recovery of a farm land which his late father entrusted to Galadima Tanko to keep for him until he came of age. Galadima Tanko gave out the farm in dispute to the appellant on loan.

While Galadima Tanko admitted the respondent's claim, the appellant denied it and claimed that the late village head of Wucicciri Muhammad, gave him the land in dispute when it was a wild bush and that it was he that cleared it, built his house thereon and had been living therein for upwards of 37 years during which he had been cultivating the land as his own farm.

During the trial the respondent called 7 witnesses to prove his claim while appellant called 4 witnesses to support his own claim. At the end of the trial, the Upper Area Court found in favour of the respondent. The appellant appealed to the appellate division …

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