Judgment
MUSLIM SULE HASSAN, J.C.A. (Delivering the Leading Judgment) : This is an appeal against the decision of the Gombe State High Court sitting on appeal delivered by Hon. Justice Ibrahim Mohammad and Hon. Justice Abubakar Jauro in Appeal No. GM/106A/2016, on the 7th day of March, 2018, against the judgment of the Gombe State Upper Area Court Boh, delivered by Alhaji Idris I. Umar Reme in Suit No. CVFI/8/2015, on the 19/10/2016.
The Appellant was the Plaintiff at the Upper Area Court Boh, and the Respondent at appeals before the Gombe State High Court wherein he claimed and contended ownership over a plot of land against the Respondent herein who was the Defendant at the Upper Area Boh, and Appellant on appeal at the High Court of Justice, Gombe State. The claims of the Appellant as per his Statement of Claim at the Upper Area Court are as follows: 1.
I sambo Maiden Probawure, I am suing Sabbi Hassan because of plot of land which I gave Sabo Mela in trust and went to the city when I come back I met a building on the plot. 2. I want the Court to collect back my plot from her. See page 7 of the Record. The Upper Area Court in her findings agreed with the case of the Plaintiff who is now Appellant and granted his reliefs. (See pages 75 to 84 of the Record).
The Respondent being aggrieved with the decision of the Upper Area Court Boh, filed a Notice of Appeal dated the 26th day of October, 2016, to High Court Gombe State. (See pages 1 – 6 of the Record). The High Court of Justice Gombe State in her considered judgment delivered on the 7th day of March, 2018, found at Pages 142 to 145 of the Records allowed the Respondent’s appeal and set aside the judgment of the Upper Area Court Boh.
The Appellant herein aggrieved by that decision filed a Notice of Appeal dated 21st day of March, 2018 to this Court, wherein he raised six grounds of appeal praying this Court to restore the decision of the Upper Area Court and set aside the judgment of High Court Gombe State. (See pages 182 – 186 of the Record). The Record of Appeal was transmitted out of time to this Court on the 23rd September, 2019, and same was deemed proper before this Court on the 28th October, 2021.
