Masu Mohammed Nasiru V. Adamu Chanji (1998)

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MUHAMMAD, J.CA. 

A

damu Chanji, the respondent herein, sued Masu Nasiru the appellant herein, before the Duguri Area Court in Bauchi State claiming a house and a piece of land which was in the possession of the appellant. His claim was that the house and the piece of land belonged to his grandfather. His father inherited the said property and he Chanji inherited the said property after the death of his father. When he was leaving the village he entrusted the property in the hands of the appellant’s uncle. He was away for forty years, when he returned to the village, he found that the appellant’s uncle had died and the land and the house were in the possession of the appellant. He found that the appellant had given part of the land and the house to other people.

He therefore sued the appellant for the return of the land and the house. The appellant on the other hand claimed that he inherited the disputed land and house from his father and that it was his grandfather who gave the land to the respondent’s grandfather.

After hearing evidence from both silks, the trial Area Court Judge gave judgment in favour of the respondent – Adamu Chanji. He said the land and the house belonged to him. Dissatisfied with this decision, the appellant herein, Masu Nasiru appealed to the Upper Area Court I Bauchi.The Upper Area Court set aside the decision of the Area Court Duguri and gave the disputed land and house to the appellant Masu Nasiru. Adamu Chanji was not happy with the judgment of the Upper Area Court, he therefore appealed to the Bauchi State High Court. The High Court set aside the judgment or the Upper Area Court. In its judgment the High Court stated:-

‘The respondent dissatisfied with the decision of the Duguri Area Court appealed to the Upper Area Court I Bauchi on the 6/6/94, a period of 3 years 6 months after the decision for which the appeal was filed. There is nothing in the Upper Area Court I Bauchi record to show that its leave was sought to appeal out of time. It therefore follows that the appeal was well out or time and as no leave was sought nor granted there was no appeal before the Upper Area Court I Bauchi. The whole proceeding before the court is therefore a nullity and we accordingly set it aside.”

Aggrieved by this decision. the appellant appealed to this court. The notice of appeal filed contains two grounds of appeal which I reproduce below:-

“(i) The learned Justices or the lower court erred in law when they held as follows:-

That the appeal was well out or time and as no leave was sought nor granted, there was no appeal before the Upper Area Court I Bauchi. The whole proceedings before that court is therefore a nullity and we accordingly set it aside.

And this error occasioned a miscarriage of justice.

Particulars of error

(a) There is no evidence on the printed record of appeal to support the above finding.

(ii) The learned Justices or the lower court erred in law in setting aside the decision of the Upper Area Court I Bauchi and this error occasioned a miscarriage of jus lice.

Particulars of error