ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU, JCA (Delivering the Leading Judgment): This is an appeal against the Judgment of Borno State High Court in its appellate jurisdiction delivered by Hon. Justices I. S. Bdliya, the Presiding Judge, (as he then was) and M. Mustapha, Assisting Judge on April 29th 2011 wherein the appeal by the Respondent herein (the Plaintiff at the trial Court and Appellant at the Court below) was allowed and the judgment of the Upper Sharia Court which affirmed the judgment of the trial Court, was set aside.
The facts as contained in the printed Record before this Court are briefly as follows:
The Respondent, at the Kala Balge Sharia Court, claimed ownership of some farmlands called "Ngabar" by inheritance from his father. The land in dispute according to him was "from the North boundary to people of Fandaiski farmland that they bought, it eastern side boundary to Fandaski its Western side boundary to Takama close to their buildings its southern side boundary to defen…