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…