CaseLaw
At the Upper Area Court, Pankshin, Patrice Ishaya sued Ibrahim Dasibel claiming a piece of farmland situated at Nyes, Lakap in Panyam District of Mangu Local Government Area of Plateau State. He claimed that he inherited the farmland from his father. The defendant denied the claim. Defendant claimed that the land belonged to him and that he gave the farmland on loan to the plaintiff's father over fifty years ago. To prove his claim the plaintiff testified and also called five other witnesses who testified on his behalf. The defendant also gave evidence. He too called five other witnesses who testified on his behalf. After inspecting the farmland, the Upper Area Court delivered its judgment. It held that on the balance of probability the land belonged to the defendant.
Dissatisfied with the decision the plaintiff appealed to the Plateau State Customary Court of Appeal, Jos. The Customary Court of Appeal reversed the decision of the Upper Area Court and found in favour of the plaintiff/appellant. It held that since the land was in possession of the plaintiff, it was the duty of the defendant to show that he had a better title. Dissatisfied, appellant appealed to the Court of Appeal.