YARIMA
V.
GBAIGAN

ADAMU, JCA (Delivering the Lead Judgment): This is an appeal from the decision of Sharia Court of Appeal, Minna, Niger State. The suit initially commenced at the Area Court Paiko, Niger State over title to a farmland.An appeal went from the Area Court to the Upper Area Court, Minna and subsequently called the lower appellate court). In the Area Court where the case was heard, the disputed farmland was divided into two and given to both the plaintiff and the defendant. The Upper Area Court Minna upon hearing the appeal and the cross-appeal before it set aside the judgment of the trial Area Court and ordered a retrial before the Area Court (No.1) Minna. The respondent herein was dissatisfied with the judgment of the Upper Area Court (Civil), Minna and he appealed against it to the Sharia Court of Appeal Minna (the lower appellate court) which allowed the appeal and set aside the judgment of the Civil Upper Area Court while restoring the judgment of the Area Court Paiko. The appellant …