MUHAMMADU SARKI NOMA TAUDE V. GAMBO MAIGORO GOSUM

ADAMU JAURO, J.C.A. (Delivering the Leading Judgment): The appeal herein is against the judgment of the Sharia Court of Appeal, Bauchi State delivered on 11th November, 2014 in Appeal No. BAS/SCA/CVA/085/BH/1997 between Muhammadu Sarkin Noma Taude V. Gambo Maigoro Gusum.

The facts culminating in this appeal can be compressed as follows.

The appellant on 5th August, 1996 instituted an action against the respondent before the Liman Katagum Area Court (Trial Court) for the recovery of his land, which he claimed was encroached by the respondent. The claim of the appellant was denied by the respondent and both parties called three witnesses each in support of their respective cases. Upon close of evidence, the trial Court inspected the land in dispute and in its judgment the trial Area Court confirmed ownership of the land in dispute to the defendant now respondent. See page 21 to 25 of the record of appeal. Aggrieved by the decision of the trial Area Court, the appellant challenged same bef…