JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment):
This is an Appeal against the Judgement of the High Court of Justice, Gombe State in Suit No. GM/68A/2014 delivered on 27th February 2014. The Court below, sitting in its appellate jurisdiction, dismissed the Appeal of the Appellants. The Appellants aggrieved by the decision of the Court below, filed this Appeal vide its Notice of Appeal on 08-04-14.
The Appellants, as Plaintiffs, first instituted this action before the trial Upper Area Court, Boh on 22nd May 2013, claiming title to the land in dispute. In a bid to prove their claim, the Appellants adduced evidence through four witnesses. The Respondent contested the claim and instead counter-claimed, contending that the land was founded and cleared by his grandfather many years ago. The Respondent called a total of six witnesses in a bid to prove his counter-claim.
At the close of trial, the trial Judge of Upper Area Court, Boh delivered Judgement awarding title to the lan…