(2018) JELR 39070 (CA)    

Court of Appeal  ·  CA/YL/121/2017 ·  21 Mar 2018 ·  Nigeria
OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria SAIDU TANKO HUSSAINI Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
lower court
declaration of title
learned counsel
upper area court
supreme court
civil cases
favour of the appellant
legal position
ownership of the land
appellate jurisdiction
judgment of the trial court
long possession of land
piece of farmland
plaintiff fails
such dismissal
3scnj p
background facts of this matter
claim of title
decision of the trial area court bazza
earlier judgment of the area court
enterprise bank ltd.
evidence of acts of possession
evidence of better title haven
exact location of the disputed land
family land
following words
given circumstances
grounds of the said appeal
judgment of the high court of adamawa state
leading judgment
legal burden
oral arguments of the appeal
position of the trial court
proof of their conflicting claims
reason of long possession
respective parties
said judgment of the upper area court
see sections
totality of the evidence
trial area court
trite law
violation of some principles of law
weakness of the case of the appellant
written addresses of the learned counsel

OYEBISI FOLAYEMI OMOLEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Adamawa State sitting in Yola in its appellate jurisdiction (hereinafter referred to as the lower Court) per H. N. Hammanjoda, J., delivered on 1st of March, 2017 in Suit No. ADSC/1A/2016.

The background facts of this matter are that, the Respondent herein as the plaintiff at the trial Bazza Grade I Area Court, sued the Appellant as the defendant, claiming title to a piece of farmland situate at Zah Village in Michika Local Government of Adamawa State, on the ground that he inherited same from his grandfather and had been in possession of and cultivated it for over four and half decades. To establish his claim, the Respondent fielded three witnesses but failed to personally give evidence. In defending the case, the Appellant also did not give evidence but he fielded five witnesses. In the bid to ascertain the exact location of the disputed land, the trial Cour…

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