BALA YAHAYA V. HARUNA UMARU

CHIDI NWAOMA UWA, J.C.A. (Delivering the Lead Ruling): The Respondent as plaintiff took out an action against the Appellant as defendant before the Upper Area Court No. 2 Jalingo for a declaration of title to land lying and situate at Nyaja Puga Yarro Local Government Area of Taraba State. At the close of the trial the court declared title in favour of the Respondent. The Appellant dissatisfied with the decision of the Upper Area Court appealed to the High Court of Taraba State sitting in its appellate jurisdiction which dismissed the appeal. The Appellant dissatisfied once again with the decision of the High Court appealed to this court. The Appellant distilled the following two issues for the determination of the appeal:

1. “Whether the High Court of justice of Taraba State sitting in its appellate jurisdiction was right to have held that the respondent has proven the root of title of his land in dispute through sale to his late father? (Distilled from ground one of the grounds of a…