Bitrus Isah Lassanjang V. Eleazer Heman Dangombe (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BIOEBELE ABRAHAM GEORGEWILL,J.C.A.(Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Gombe State sitting in its appellate jurisdiction in Appeal No: GM/29A/2012: Bistrus Isah Lassanjang v. Heman Dangombe Lapan delivered on 8/4/2013 by M. A. Pindiga J and S. Y. Abubakar J, in which the judgment of Upper Area Court I, Gombe affirming the judgment of the Area Court Burak was set aside and an order remitting the case to the Upper Area Court I Gombe to evaluate evidence and give judgment in accordance with the law was made.

At the trial before the Area Court Burak, the Appellant as Plaintiff had claimed title to the land in dispute situate at Lassanjang on grounds of being the first to clear and cultivate the said land in 1963 when he discovered it as a bush and that none other had ever cultivated the said land. The Respondents father, Heman Dangombe Lapan was the Defendant but now deceased and substituted with the present Respondent on record, disputed the claim of the Appellant as Plaintiff on the ground that it was his father one Dangombe that first cleared and

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cultivated the land and gave it to the Appellant to cultivate being their relation.

At the close of trial and after a visit to the land in dispute, the trial Area Court Burak came to the finding that neither the Appellant as Plaintiff nor the Respondents father as Defendant made out a case convincing enough to be declared the owner of the land in dispute and therefore, resorted to administering of Oath on the parties according to their traditional ways of dispute settlement. Ultimately, the Oath taking was done and the trial Area Court Burak granted title to the land in dispute to the Respondent as Defendant, who had taken the oath as administered by the Priest of Shongom, where both parties hail from. See pages 56 79 of the Record of Appeal.

The Appellant was thoroughly dissatisfied with the said judgment of the Area Court Burak granting title to land in dispute to the Respondent and had promptly appealed against the said judgment to the Upper Area Court I Gombe, which after hearing the appeal dismissed it and affirmed the judgment of the trial Area Court Burak and thus confirmed the title to the land in dispute to the Respondent. See

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pages 79 90 of the Record of Appeal.

The Appellant who was still dissatisfied with the concurrent decisions of the Area Court Burak and the Upper Area Court I Gombe, had in the exercise of his right of appeal, appealed against the judgment of the Upper Area Court I Gombe to the High Court of Gombe State, the Court below praying that Court to set aside the concurrent decisions of the Area Court Burak and Upper Area Court I Gombe and to enter judgment in his favour by granting title to the land in dispute to him as the owner of the land in dispute. See pages 1 18 of the Record of Appeal.

Upon exchange of their written briefs of arguments, the Court below proceeded to hear the appeal and in its judgment delivered on 8/4/2013, it set aside the judgment of the Upper Area Court I Gombe and remitted the case to the Upper Area Court I Gombe to evaluate the evidence of the parties and to give judgment in accordance with the law. See pages 91 108 of the Record of Appeal.

It is against the said judgment of the High Court of Gombe State that the Appellant still being dissatisfied had further appealed against to this Court in

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the exercise of his constitutionally guaranteed right of appeal vide a Notice of Appeal with the leave of this Court sought and obtained, on 25/3/2014. See pages 109 113 of the Record of Appeal. The Record of Appeal was duly transmitted to this Court on 27/6/2014. The Appellants brief was filed on 24/2/2015. The Respondent filed a joint Respondent/Cross Appellants brief on 22/2/2016, while the Appellant filed a joint Appellant/Cross Respondents Reply brief on 26/2/2016.