I. T. MUHAMMAD, J .C.A. (Delivering the Leading Judgment): At the Kura Area Court (trial court) the plaintiff sued the defendant seeking for 4 farms which their deceased father left behind undistributed. The farmlands were at Falingo village. Their deceased father Mallam Audu, left behind six children and two housewives. Some of the farmlands were in possession of the defendant as a court in Kano divided the farms and gave him half. The plaintiff was dissatisfied and appealed where a retrial order was made. That was why they were before the trial court.
The defendant/respondent engaged the services of a counsel at the trial court. The respondent through his counsel denied the claim.
Witnesses were called by the plaintiff to establish his blood relation with the deceased and that the deceased owned the land in dispute. On 11/11/95 the trial court paid a visit to the locus in quo and took the measurements of the farms in dispute. At the end of hearing the trial court found that the witn…