ALHAJI HARUNA USMAN V. UMARU GARBA KUSFA & ANOR

MURITALA AREMU OKUNOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Kaduna State sitting in its appellate jurisdiction delivered in Zaria on 13/12/89 which affirmed the earlier judgment of the Upper Area Court, Zaria.

The case of both parties leading to the present appeal is succinctly summarized in the judgment of the learned Judges of the Kaduna State High Court, Ibiyeye and Coomassie J. J. at page 44 of the Record of Proceedings as follows:-

"The 1st Respondent who was the plaintiff in the trial Upper Area Court Zaria sued both the appellant and the 2nd Respondent for the recovery of his farmland which his father entrusted to the 2nd Respondent for him (the 1st Respondent) and which the 2nd Respondent in turn gave out to the appellant on loan.

The 2nd respondent, admitted that the farmland in dispute was entrusted to him by Garba, the father of the 1st Respondent and that he in turn gave it to Usman Kosha, the deceased fathe…