The appellant's father, Kado, cleared the bush and established the farm in dispute. He worked in the farm until when he began to encounter some difficulties in connection with his domestic animals in Kotorkoshi district due to scarcity of grazing area. He therefore moved to a village called Rijiyar Tsakar Dawa about 10 miles away from the farm, in Gusau District. After 27years, the appellant, representing the children of Kado, came into the farm and began to build a house in it. The respondent challenged the appellant and explained that he bought the farm from some Fulanis 16 years ago. The respondent explained to the Area Court that he did not know the origin of the farm. He told the trial court that the farm was given to some Fulanis by the District Head of Kotorkoshi. Alhaji Abdu. The Fulanis worked in the farm for 24 years and when they were about to migrate to Gombe they sold the farm to him. He had been working in the farm for 16 years and throughout this period nobody had claimed ownership of it. The respondent explained further and said that the appellant and his family had seen him working in the farm and had never challenged him over its ownership.

The Area Court Judge directed the appellant to call his witnesses. Three witnesses gave evidence for the appellant and their testimonies agreed that Kado, the father of the appellant, cleared the bush and established the farm. After working in it he left the area and settled in Rijiyar Tsakar Dawa. Two of the witnesses, PWI and PW3 told the Area Court that when Kado was leaving Kotorkoshi district he entrusted the farm to one Ajia Abdu. When some Fulanis arrived in the area the district head gave the farm to them and they worked in it for 24 years.

It is not in dispute therefore that the father of the appellant cleared the bush and established the farm. It is also in evidence that the father of the appellant left the farm and did not come back to it and his children who inherited his estate did not challenge the respondent or raise any objection to his possession of the farm. The Area Court Judge considered the evidence before him and found that the respondent had acquired title to the disputed farm through Hauzi (prescription) since he had worked in it for 16 years without being challenged by anyone. He found also that the appellant's family abandoned the farm for 40 years and were present in the area seeing others working in the farm and had made no attempt to assert their right over it. All the three lower courts, viz, Upper Area Court and the Court of Appeal agreed with the decision of the Area Court and affirmed it. It is against the judgment of the Kaduna Division of the Court of Appeal that the appellant has filed this appeal.