Judgment
EBIOWEI TOBI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Gombe State High Court sitting in its appellate jurisdiction delivered on 19/11/2020 by their Lordships Ibrahim Mohammed J. and Fatima Musa (Mrs.) J. The facts that culminated into this appeal are not complicated at all. The Appellant who was Plaintiff, in the Upper Area Court Bambam instituted an action on behalf of his family against the Respondents, the Defendants in that Court for the ownership of a farmland that is the land in dispute.
The Appellant relied on traditional history as his root of title. The Upper Area Court, the Court of first instance was not impressed with the evidence of traditional history of the Appellant, and consequent upon that, the Plaintiff’s claim was dismissed. The Court did not only dismiss the claim of the Appellant as Plaintiff in that Court of first instance, but gave judgment in favour of the defendants, id est, Respondents in this appeal.
The Appellant in this appeal dissatisfied with the judgment of the Upper Area Court, appealed to the High Court of Gombe State (herein referred to as lower Court) which appeal was registered as GM/84A/2018. Against the expectation of the Appellant, the lower Court in its 11 paged judgment found at pages 111-121 of the record of this appeal, dismissed the appeal and affirmed the decision of the Upper Area Court Bambam.
The lower Court at page 121 of the record held thus: “It is our view that the lower Court properly evaluated the evidence before it and made the finding of facts, the decision is not perverse and did not occasion any miscarriage of justice to warrant our tempering with it. On the whole, we hold that this appeal lacks merit and it is accordingly dismissed. The decision of the Upper Area Court Bambam delivered on the 5th September, 2019 in Suit No CVFI/27/2019 is hereby affirmed.
There shall be no order as to cost.” The Appellant again unhappy with the judgment and in exercising his right to appeal, filed an appeal to this Court via a notice of appeal of 4 grounds on 9/2/2021 found at pages 123-126 of the records. The learned counsel to the Appellant in this appeal who settled the Appellant’s brief filed on 22/3/22 and deemed on 23/3/22 is M. A. Galaya, Esq. On the side of the Respondents, C. D. Kadala Esq., is Counsel who settled the Respondents’ brief filed on 20/4/22. The appeal was heard on the 9/5/22. I will now take a general view of the submission of counsel.
