Nakundi V. Rabiu & Anor. (1998)

LawGlobal-Hub Lead Judgment Report

MUHAMMAD, J.C.A.

At the Kano Area Court of Kano State, the appellant sued the 1st and 2nd respondents to recover a farmland which was ‘borrowed’ by his grandfather to the respondents’ grandfather for about fifty years. The farmland was still in possession of the respondents. The respondents denied the allegation. They asserted that they inherited the farmland from their parents who also inherited it from their grand parents and nobody had ever challenged them on their possession of the farm. The appellant called two witnesses. The respondents called two witnesses as well. After reviewing the evidence, the Area Trial Court Judge delivered his judgment on 5/12/83 wherein he dismissed the claim of the appellant and confirmed the farmland to the respondents.

Dissatisfied with the Judgment, the appellant appealed to the Upper Area Court (UAC) of Kano State sitting at Gyadi-Gyadi. The UAC affirmed the Trial Court’s decision. Dissatisfied further, the appellant appealed to the Kana State High Court of Justice, Appellate Division (Court below). The Court below dismissed the appeal as lacking in merit and affirmed the Judgments of the two Lower Courts.

Appellant became dissatisfied again and he appealed to this court. In his Notice of Appeal, appellant set out three Grounds of Appeal. As the parties were undefended, no briefs of argument were filed by any of them. Before considering the possibility of whether any issue, upon which the appeal shall be determined, is to be formulated for the parties, I deem it pertinent to reproduce the Grounds of Appeal as contained on the Notice of Appeal:

Grounds of Appeal

Ground I: (sic).

The learned trial Judges erred in law by upholding the decisions of the lower courts (sic)

Particulars:

That my two witnesses Tanko and Musa refused to tell the lower court the truth about the matter that will support my contention because they are in-laws to the 1st respondent Rabiu.

Ground II:

The learned trial Judges erred in law for refusing to listen to my request.

Particulars:

When my witnesses refused to tell the Court anything concerning the farm in my support, I urged the Court to give us an Oath but the Judge of the lower court refused to allow us to take Oath.

Ground III: