Doctor Yahya Kuba v. Umaru Agaduwa Bakka (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

NNAMDI OKWY DIMGBA, JCA (Delivering the leading judgment)

The appeal is against the judgment of the High Court of Adamawa State (lower court) sitting in its appellate jurisdiction in suit No: HC/ADSY/1A/2023; presided over by A. Isa J., delivered on 11th August, 2023, wherein the court set aside the judgment of Upper Area Court Gombi, sitting in its appellate jurisdiction delivered on 24/01/2023, and affirmed the decision of the Area Court Song (trial court) delivered on 20/06/2022. See pages 103 – 115 of the record.

The notice of appeal was filed on 23/10/23, containing three (3) grounds of appeal. The record of appeal was transmitted on 11/01/24, paving the way for the filing of the appellants brief of argument on 24/01/24.

This brief was settled by U. S. Yuguda, Esq. The appellants reply brief of argument was filed on 12/03/24. The respondents brief of argument was filed on 27/02/24. This brief was settled by Simon Wilson, Esq.

When the appeal came up for hearing on 23/01/24, learned counsel adopted their respective briefs earlier identified, adumbrated on same, and the matter then adjourned for judgment.

Factual background

The facts of the case leading to this appeal is that the respondent as plaintiff via a civil summons instituted an action before the trial court against the appellant as defendant seeking declaration of title over a disputed farmland.

The respondent called two (2) witnesses and tendered one exhibit, writ of possession, while the appellant called three (3) witnesses in defence. The trial court was then moved to the locus-in-quo, and by its decision delivered on 20/06/2022 found in favour of the respondent. See pages 80 – 83 of the record.

Dissatisfied with the decision of the trial court, the appellant approached the Upper Area Court, Gombi, sitting in its appellate jurisdiction. The court by its decision delivered on 24/01/2023 allowed the appeal and ordered for a retrial before him. See pages 15 – 40 of the record.

The appellant further aggrieved because there was no pronouncement on his alleged counter-claim, appealed to the lower court sitting in its appellate jurisdiction via a notice of appeal filed on 23/02/23 on three grounds.

The lower court by its judgment delivered on 11th August, 2023, set aside the judgment of Upper Area Court Gombi and affirmed the decision of the trial court, the Area Court of Song. See pages 103 – 115 of the record.

It is the appellants dissatisfaction with the lower courts judgment that led him to invoke the appellate jurisdiction of this court through the appeal processes earlier identified.

Appellants position

In the appellants brief which as noted was settled by U. S. Yuguda, Esq., 3 issues were distilled from the grounds of appeal, namely: