AKPABIO, JCA: (Delivering the Lead Judgment) This is an appeal

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against a decision of the Customary Court of Appeal, Plateau State, holden at Jos, coram YAKUBU, PCCA and SHA J.CCA., in Appeal No. CCA/ 289A/87, delivered on 23/1/89, wherein they allowed the appeal of the appellant, and reversed the decision of the Nassarawa/Gwong Area Court Grade 1, which had awarded title of land in dispute to the Respondent.

At the trial court, the present Respondent, as Plaintiff, sued the present Appellant, as defendant, claiming the return of a piece of Farmland, which was given on loan to the father of Defendant by father of plaintiff. However, after the death of both the father of plaintiff and father of Defendant, the plaintiff then asked for the return of the said land as successor to his father; but the Defendant refused, saying that he had bought the land in dispute from plaintiff’s father during his life-time.

The trial court, after hearing evidence from both parties and their witnesses, vis…