ALHAJI YUSUF ADAMU GWABRO V. ALHAJI ABDULLAHI GWABRO

OKUNOLA, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the Sokoto State Sharia Court of Appeal sitting at Gusau which reversed the earlier decision of the Talata Mafara Upper Area Court and awarded the land in dispute to the respondent.

The facts of this case briefly put were as follows:

The claim of the plaintiff/respondent against the defendant/appellant at the Maradun Area Court as per page 4 lines 9-14 of the records was as follows:-

"I, Alhaji Abdullahi, I am suing Yusufu because the land which is left by our deceased father by then I was at Kano, it was later when I came back to take my own share I discovered that the land is with Yusufu and when I asked him he told me that he bought the land in dispute. That is why I institute an action against him."

On being confronted with the plaintiff/respondent's claim before the Judge at the Area Court, Maradun, the defendant/appellant denied this claim and claimed that he bought the farmland in dispute…