KURUNGU KAUDE V. ALH. AUDU MAIGISHIRI

ALI ABUBAKAR BABANDI GUMEL, J.C.A. (Delivering the Leading Judgment): This matter started as suit No. 42107 before the Tangale Waja Civil Area Court Billiri, Gombe State presided by Alhaji Idris Umar Reme,Principal Judge. Judgment was delivered on 2/08/07 in favour of the Appellant herein. (see page 20 of Record of Appeal). The Respondent herein Alhaji Audu Maigishiri appealed to Upper Area Court, Billiri in Suit No. JUD/BUAC/43183 dated 6/08/08 -Coram Alh. Umar Tukulma (Judge) and Mr. Dan Asabe Audu (Member). In a judgment dated 23/4/09, the Upper Area Court dismissed the appeal and affirmed the Judgment of the Tangale Waja Civil Area Court, Billiri in favour of Kurungu Kaude.

In a notice of appeal dated and filed on 24th April,2009, Alhaji Audu Maigishiri appealed against the Judgment of the Upper Area Court, Billiri to the Gombe State High Court. It is appeal No.GM/40A/09. In a Judgment dated 6th August, 2010, the High court (coram Heman, CJ and Awak, J) decided thus:-

"In the resu…