MOHAMMADU IYA & ANOR V. HAMMAWA DAUDA

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment delivered on 17th March, 2014 in the High Court of Adamawa State holden at Yola in a matter that travelled from the Area Court Jabbi-Lamba through the Upper Area Court No. 1 Yola and to the High Court.

At the Area Court Jabbi-Lamba the Respondent took an action against the Appellants claiming title to land and that Court entered judgment in his favour and against the Appellants.

Under the Area Courts Law Cap II Laws of Adamawa State 1997, the Appellants who lost at the Area Court were entitled either to appeal to the Upper Area Court or apply to the Deputy Chief Registrar in charge of Area Courts in the High Court to direct a Court to review the judgment.

The Appellants opted for the review, applied to the Deputy Chief Registrar for the review and the Deputy Chief Registrar referred the matter to the Upper Area Court for review. The review was not concluded due to the absence of the Appe…