Bawa Dada & 2 Ors. (Appellants) vs. Tanko Yandayi & Anor. (Respondents)

Facts

The Appellants commenced an action at the Upper Sharia Court, Paiko, seeking a declaration of title to a piece of farmland located along Yandayo Road near Yandayi Village in Paiko District, Paiko Local Government Area, Niger State. The Respondents denied the claim and, in turn, asserted ownership of the disputed land.

At the trial, the Appellants, as Plaintiffs, called four witnesses and led evidence to support their claim based on inheritance. The Respondents, in turn, called three witnesses and denied the Appellants’ claims. Upon conclusion of the trial, the Upper Sharia Court, Paiko, delivered judgement in favour of the Respondents, dismissing the Appellants’ claim.

Aggrieved by the decision, the Appellants appealed to the High Court, which overturned the judgement of the trial court and declared the Appellants as the rightful owners of the farmland. Dissatisfied with the decision of the High Court, the Respondents appealed to the Court of Appeal, which court set aside the decision of the High Court and reinstated the judgement of the trial court, with costs awarded against the Appellants. The Appellants, being dissatisfied with the decision of the Court of Appeal, filed an appeal to the Supreme Court.