FRANCIS NWANEZIE V. NUHU IDRIS & ANOR

KARIBI-WHYTE, J.S.C. (Delivering the Leading Judgment): On the 18th June, 1990, the Court of Appeal in a unanimous decision dismissed the appeal of the appellants. This is an appeal against the judgment. The appeal arose from an interlocutory ruling of the High Court dated 19/1/89 granting leave to the defendant to adduce additional/further evidence on appeal. The facts of the case are quite simple, uncomplicated and short. They are also not disputed. The substantive action is a claim in the Upper Area Court. Daura Road, Kaduna in a land dispute. It was a claim for Declaration of title to two plots of land situate at Ungwar Sunday, Kaduna South, Kaduna. First respondent was the plaintiff. Appellant and second respondent were the defendants. Plaintiff, now the first respondent was not represented by counsel. So also the 2nd defendant, now 2nd respondent. 1st defendant, now appellant was represented by counsel. After hearing evidence of the parties, judgment was delivered in favour of t…