MOHAMMED JCA (Delivering the Lead Judgment): This appeal is against the decision of the High Court of Justice, Kaduna State sitting at Kafanchan delivered on 20-7-1994 in exercise of its appellate jurisdiction inthe determination of an appeal on farm dispute that came to it from the Upper Area Court Kafanchan.
The respondent in this appeal who was the plaintiff at the trial Area
Court Moro’a, Kaduna State, sued the appellant as the defendant in that court for a declaration of title to farmland located at Mafan, which was inherited from his great grand parents who first settled in the area. While reacting to the claim of the plaintiff against him, the defendant asserted that he inherited the farmland in dispute from his father, Zaga. There and then the trial Area Court called upon the plaintiff, Uli to bring his witnesses in court on 11-3-92, the date the case was fixed for hearing.
At the hearing of the case on 11-3-92, the plaintiff called 4 witnesses to support his claim while the de…