YIWA
V.
TATA

(2018) JELR 39070 (CA)

Court of Appeal · CA/YL/121/2017 · 21 Mar 2018 · Nigeria

CORAM

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

evidence

respondent

case

title

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…

YIWA V. TATA

YIWA
V.
TATA