At the Kano Area Court of Kano State, the appellant sued the 1st and 2nd respondents to recover a farmland which was ‘borrowed’ by his grandfather to the respondents’ grandfather for about fifty years. The farmland was still in possession of the respondents. The respondents denied the allegation. They asserted that they inherited the farmland from their parents who also inherited it from grandparents and nobody had ever challenged them on their possession of the farm. The appellant called two witnesses. The respondents called two witnesses as well. After reviewing the evidence, the Area Trial Court Judge delivered his judgment on 5/12/83 wherein he dismissed the claim of the appellant and confirmed the farmland to the respondents.

Dissatisfied with the Judgment, the appellant appealed to the Upper Area Court (UAC) of Kano State sitting at Gyadi-Gyadi. The UAC affirmed the Trial Court’s decision. Dissatisfied further, the appellant appealed to the Kano State High Court of Justice, Appellate Division (Court below). The Court below dismissed the appeal as lacking in merit and affirmed the Judgments of two Lower Courts.

Appellant became dissatisfied again and he appealed to this court.