Judgment
IBRAHIM MOHAMMED MUSA SAULAWA, J.S.C. (Delivering the Leading Judgment): The present appeal is consequent upon the judgment of the Court of Appeal, Yola Judicial Division, delivered on December 17, 2012 in appeal No. CA/YL/2/2012. By the judgment in question, the Court below dismissed the Appellant’s appeal against the judgment of the trial High Court of Adamawa State delivered on July 9, 2011.
BACKGROUND FACTS The suit leading to the instant suit has had a protracted antecedent. It was instituted by the Appellant at the trial High Court of Adamawa State, Yola Judicial Division on 25/3/2008, thereby seeking against the Respondents the following declaratory and injunctive reliefs: 1. A declaration that the plaintiff having inherited the land from his late father Alh Hammadu Jibbo is the bonafide owner and holder of all the right title and interest over all that parcel of land for mixed farming with an area of 333,46 hactares and covered by a Right of Occupancy NO.
GS/7369 dated 15th day of July, 1987 and that any encroachment or entering in to any part of the said parcel of land by the defendants or any unauthorized persons is wrongful, illegal and is tantamount to trespass. 2. An order of perpetual injection (sic) restraining the defendants by themselves that privies/representatives or whomsoever and howsoever acting on their behalf from other trespassing or encroachment into any part of the said parcel of land or doing anything that might in any way prejudice the right, interest and ownership of the said land general damages of N500,000.00. 3.
Costs of litigation.
By the statement of defence thereof, the Respondents vehemently denied the claim and equally counter-claimed against the Appellant, viz: i. A declaration of title in favour of the defendants/counterclaimants and their relations over their inherited lands which comprise of their old settlement, the later settlement and farmlands now in dispute. OR in the alternative that the defendants/counterclaimant are entitled to a right of occupancy over the land in-question ii.
An order of perpetual injunction restraining the plaintiff and his privies whosoever and howsoever from further acts of trespass on the defendant’s inherited lands. iii. General damages for trespass in the sum of Five Hundred Thousand Naira only. iv. General damages for the suffering and inconvenience caused to the defendants and their relations by the acts of the plaintiff in the sum of Five Hundred Thousand Naira. v. Costs of this suit.
