M.M.C.C. LTD. V. UMRA & CO. NIG. LTD. 573 MUHAMMADIYYA METAL CONST. & COMPANY LTD. V. UMRA & COMPANY NIGERIA LTD.

UMOREN JCA (Delivering the Lead Judgment): This is an appeal against the decision of the High Court of Zamfara State, sitting at Gusau in suit No. SS/GS/18/96 filed on 26th November, 1988 before Ja'afaru Mikailu, J.

The dispute that led to this appeal was over land in Gusau, Zamfara State. Pleadings were filed and exchanged. There was also a counter claim by the defendant. The plaintiff was Umra and Company Ltd., while the defendant was Muhammadiya Metal Construction Ltd. Hearing eventually commenced and came to a conclusion. In a considered judgment, the learned trial Judge found in favour of the plaintiff and dismissed the defendant’s counter-claim. Aggrieved by the judgment of the court below, the defendant has appealed to this court on two grounds of appeal.

Before proceeding further, I should say that the copy of the notice and of the ground of appeal available in my record is unsigned. However, both the appellant and respondent filed what each called appellant’s brief and respon…