ALU DANFAGACHI & ANOR V. LAMI AHMADU

MUNTAKA-COOMASSIE, J.C.A. (Delivering the Leading Judgment): The appellants were the defendants before the Area Court No. 1, Zaria City and the present respondent was the plaintiff who sued Alhaji Iron Danmagajiya and two others claiming a house in the possession of the 1st defendant. According to the claim, Lami Ahmadu wished to repossess the house which was sold to the 1st defendant by Alu Danfagachi some 19 years ago. The 2nd defendant, Alu Danfagachi stated that the house in question, together with its surrounding area, belonged to him by inheritance. He inherited same from his father who in turn inherited the same land from his father Liman Gabdo, the original owner of the said land.

The trial Area Court impeached all the witnesses called by the plaintiff and nobody appealed against the decision of the trial Area Court. It is equally important to note that the plaintiff did not attack the competence of the five witnesses called by the defendants. It was the court, suo motu, that…