The appellant in this matter, Maaji Galadima, instituted an action against the 12 respondents/objectors herein, claiming from them his father’s farmland given to them by the Late Sarkin Gwanki, at Gwanki town. The respondents denied the claim. The appellant's claim was tried by the Area Court No.1 Zaria City and judgement was entered in favour of Maaji Galadima, the plaintiff/appellant.

Being dissatisfied with this decision the twelve defendants/respondents appealed to the Upper Area Court Ikara, where they were represented by counsel, Mallam Dauda Umar, prominent of the grounds argued by counsel, was the complaint that the Area Court or Court of first instance lacked jurisdiction to try the matter since the land in dispute was situated within Ikara Local Government. In its judgement, the Upper Area Court, gave judgement on the merits of the proceedings and set aside the judgement of the trial Area Court No.1 Zaria City. The appellant, being dissatisfied with the decision of the Upper Area Court Ikara appealed to the High Court Zaria against the judgement of the Upper Area Court. Two grounds were argued. It is relevant to point out that the appellant dealt with issues which emanated from the judgement of the Upper Area Court. Respondents counsel, at the High Court also responded to those same issues, he did not pursue his complaint of absence of jurisdiction at that court. In its judgement, the High Court, after having considered several authorities upheld the judgement of the Upper Area Court, Ikara and the order of retrial ordered by the Upper Area Court No.1 Zaria to conduct a retrial on certain specific issues. It is this judgement that the Appellants have appealed against to this Honourable court to on two grounds. No issue of jurisdiction is raised therein. However the Respondents through their new counsel Jaafaru Abbas-Ibrahim Es. have suddenly raised the issue of lack jurisdiction. He has done so by filing a notice of preliminary objection dated the 15th of June, 1993 pursuant to Order 3 Rule 15 of the Court of Appeal Rules 1981.