AHMADU SHUAIBU V. ALHAJI ADAMU MAIHODU

OBINNAYA ANUNOBI OKEZIE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Appellate Division of Bauchi State High Court delivered on the 23rd of October, 1985. The respondent, then plaintiff had sued the appellant's father (now deceased) in the Area Court claiming ownership of a house and two farms. The root of the respondent's claim was that the house and two farms were given to the appellant's grandfather on loan and that after his grandfather's death, his father Ahmadu confirmed the continuation of the loan from one Hajiya Kellu.

The appellant's deceased father denied the claim and stated that the properties in dispute were a gift by the said Maiuguwa Ari and not as loan.

In all, nine witnesses were called, four on each side and the court called one. After hearing the witnesses and a visit to the locus in quo the Doma Area Court gave judgment in favour of the respondent.

The defendant now the appellant being dissatisfied with the judgment of the…