Judgment
JAMILU YAMMAMA TUKUR, J.C.A. (Delivering the Leading Judgment ): This is an appeal against the judgment of the High Court of Adamawa State in SUIT NO: ADSY/112/2018 delivered on 9th September, 2020 wherein the Court gave judgment in favour of the Respondent. The material facts of the case that culminated in this appeal is that the Respondent acting on the belief that she was entitled to declaration of title over the land in dispute brought an action before the lower Court vide writ of summons filed on 6th September, 2018, seeking the following: 1.
A declaration that the title and ownership to the land situated and lying at Bachure, Karewa Ward Jimeta measuring 30M x 15M is vested to the Plaintiff. 2. A declaration that the acts of the Defendant on the land situated and lying at Bachure, Karewa Ward Jimeta measuring 30M x 15M to the Plaintiff’s land constituted a trespass. 3. An order directing the Defendant to demolish an illegal structure erected on the Plaintiff’s land situated and lying at Bachure, Karewa Ward Jimeta measuring 30M x 15M. 4.
An order of perpetual injunction restraining the Defendant, his Agents, Servants, Privies and any other person whosoever claiming through him from further trespass and in any manner tampering with the said land of the Plaintiff. 5. The sum of N700,000 (Seven Hundred Thousand Naira) as general damages. 6. Cost of this suit Requisite processes were exchange between the parties, with the Appellant filing statement of defence, counter-claim and other relevant processes.
Following a full trial, the learned trial Judge, in a judgment delivered on 9th September, 2020, held that the Respondent had proved her claim, while the Appellant failed to prove his counter-claim. The lower Court consequently granted the Respondent’s prayers as prayed, save for the prayer for general damages, in respect of which the sum of N250,000.00 (two hundred and fifty thousand naira), was awarded in favour of the Respondent.
Dissatisfied, the Appellant appealed the judgment via Notice of Appeal dated and filed on 27th November, 2020 with two grounds of appeal. The Appellant’s Brief of Argument is dated 20th September, 2021, and filed on 21st September, 2021, but deemed as properly filed on 23rd September, 2021. Appellant’s counsel formulated two issues for determination to wit: 1.
