Appellant sued respondent over two pieces of land that belonged to him but borrowed to the defendant by the plaintiff's father. He apparently inherited it from his father and was desirous of reclaiming the said lands.

Respondent argued that he inherited one of the lands from his father and that it was appellants grandfather that gave it to his father. That the other farmland was given to him by the appellants father some thirty-four years earlier.

Respondent called witnesses who stated that the two lands were given to his father as a gift by the appellants father and grandfather respectively but no witness was present when the farmlands were given to the respondent’s father.

Appellant called two witnesses. PW1 testified that the farmland was cleared by the appellant’s grandfather. Appellant's father then inherited the farmland after appellants grandfather and that the appellant inherited it after his father's death. PW2 testified that it was one Jauro Diddi that cleared the land: after his demise his son - Jauro Mamu gave the farmland to him on loan. Under cross examination, the witness said he did not know when the respondent returned to Diddi town nor was he there when the land was loaned to respondent.

The trial Judge visited the locus in quo and gave Judgement in favour of respondent. He said his Judgement was based on the long duration which the farmlands were in respondents possession.

Appellant dissatisfied appealed to the upper Area court Kumo, which reversed the decision of the Area Court. Respondent then appealed to the High Court of Bauchi State in its appellate Jurisdiction. The High Court set aside the Judgement of the upper Area court and affirmed the decision of the Area court. Appellant was dissatisfied with the Judgement and appealed to the Court of appeal.