Tukur Ahmadu & Anor v. Nassei Maiyongo & Anor (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

EBIOWEI TOBI, JCA (Delivering the leading judgment)

This is an appeal against the decision of the High Court of Gombe State sitting in its appellate jurisdiction Coram: Hon. Justice M. A. Pindiga and Hon. Justice M. A. Haruna, delivered on 02/03/2021.

The brief fact of the case is that the appellants were the respondents at the Gombe State High Court (hereinafter called the lower court), and the defendants at the Upper Area Court Filiya, (which shall later be referred to as the trial court).

The respondents herein were the plaintiffs at the trial court and appellants at the lower court. The gist of the matter is that the respondents sued the appellants over a farmland situate at Pal-Pal near Baganje in Billiri Local Government Area of Gombe State, laying claim that it was inherited from their parents.

The trial court delivered judgment on 23/10/2019 dividing the farmland in dispute between both parties. The court at page 62 of the record of this appeal held thus:

Today being the 23/10/2019 I.S. Danjin, Upper Area Court Judge with hon. Laban Yaro and M.D. Kamo Court members. This court has confirmed to the plaintiffs the Eastern part of the west of the farm down to where Jema Grass was planted by Poshiya Area Court.

After that, the court also confirmed to the defendants the Western part beginning from where the Jema Grass is planted and terminated to the West. That the plaintiffs are on the East while the defendants are on the western part where the jema grass passed to east belongs to the plaintiffs because they are related.

The plaintiffs have stayed long on the eastern part, and they have possession of the eastern part. The defendant also stayed long on the farm for over 10 years, they are from the same clan.

The respondents unhappy with the judgment of the trial court appealed to the lower court which allowed same, and set aside the judgment of the trial court that conferred title of a portion of the farmland to the appellants.

The implication was that the farmland was given totally to the respondents in this court, appellants in the lower court and the plaintiffs in the trial court. The lower court in setting aside the decision of the trial court found at pages 121 – 122 of the record held thus:

Having gone through all the submission (sic) backing the issues raised for the determination of this appeal in form of legal arguments by the both counsel (sic) to the appellant and respondents we hold that the two issues raised by learned counsel to the respondent are hereby resolved against him.

On the other hand, the two issues formulated and argued by the appellant are guite silent (sic) and more considered in assessing the proceedings before the lower Upper Area Court Filiya. At page 35 lines 16 -21 the lower Upper Area Court Filiya admitted exhibit X1 and X2 at page 43 lines 1-2 exhibit X3 was also tendered and admitted. In fact, on the record the court promised to advert (sic) its mind to same in the cause of its judgment, that has not been done throughout the judgment.

Which doing so is crucial and with doing so (sic) amounted to peruse (sic) finding. having perused thoroughly all the arguments of both learned counsel, it is true that the appellant counsel’s argument that the lower court failed to considered(sic) the case of the plaintiff now appellant which was in no way controverted and has been credible render that judgment incapable of been sustained. The plaintiff’s case there was consent (sic) and credible.

The failure by the trial Upper Area Court to make a comprehensive findings (sic) and evaluation of the plaintiffs case is fatal to the entire proceedings before it. And this makes the two issues raised by learned counsel to the appellant solid and capable of being relied upon to allow the appeal. The two issues are hereby resolved in his favour the lower Upper Area Court Filiya at page 61 line 7-10 has this to says(sic) The plaintiffs have stayed long on the eastern part, and they have possession of the eastern part.