CaseLaw
Usman V. Kusfa (1997) CLR 2 (e) (SC)
Brief
Facts
The respondent, who was the plaintiff, sued the present appellant; and Galadima Tanko before the Upper Area Court, Zaria City for the recovery of a farm land which his late father entrusted to Galadima Tanko to keep for him until he came of age. Galadima Tanko gave out the farm in dispute to the appellant on loan.
While Galadima Tanko admitted the respondents claim the appellant denied it and claimed that the late village head of Wucicciri Muhammad, gave him the land in dispute when it was a wild bush and that it was he that cleared it, built his house thereon and had been living therein for upwards of 37 years during which he had been cultivating the land a his own farm.
During the trial the respondent called 7 witnesses to prove his claim while appellant called 4 witnesses to support his own claim. At the end of the trial, the Upper Area Court found in favour of the respondent. The appellant appealed to the appellant division of the High court of Justice Kaduna before which he lost and the judgment of the trial court was affirmed.
The appellant, not satisfied with the decision of the High court, appealed against it to the court of Appeal Kaduna Division, The court of Appeal after a meticulous consideration of the appeal, dismissed it. The appellant has now further appealed to this court against the court of Appeal decision.
After the appellants appeal to the court of Appeal was further dismissed, he appealed to the Supreme Court.