Judgment
CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment) : The appeal is against the judgment of the Adamawa State High Court presided over by Hafsat Abdulrahman, J. (hereafter referred to as the lower Court) delivered on 14th September, 2020 in its appellate jurisdiction in Appeal No. ADSY/124A/17. The background facts are that the 1st Respondent filed a suit at the Upper Area Court No. 3, Yola (hereafter referred to as the trial Court) against the Appellants and the 2nd Respondent. The 1st Respondent at the trial sought the following reliefs against the Appellants jointly and severally: a.
“A DECLARATION of the Honourable Court that the purported sales of the Plaintiff’s 39 plots of land lying and situate at Anguwan Magaji, Yola South L.G.A., by 1st Defendant (now 1st appellant) to the 2nd, 3rd and other unknown defendants were in breach of the express terms of the 1st Defendant’s engagement with the Plaintiff. b. A DECLARATION of the Honourable Court that the said purported sales of the Plaintiff’s 39 plots of Land without his knowledge and consent was void ab-initio. c.
AN ORDER of the Honourable Court nullifying the sale of the 39 plots of land by the 1st Defendant to 2nd, 3rd, and other unknown Defendants as same were done in breach of the Plaintiff’s instructions, tainted with act of fraudulent misrepresentation and abuse of agency terms. d.
AN ORDER of the Honourable Court perpetually restraining the Defendants’ jointly and severally, either by themselves, their representatives, executors, servants and/or assigns from entering and/or further entering into, tempering with building on, erecting on, constructing on and/or doing any further acts whatsoever on all the 39 plots of land lying and situate at Anguwan Magaji, Yola South L.G.A., Adamawa State. e. AN ORDER of the Honourable Court granting possession of the said 39 plots of Land and its appurtenance to the Plaintiff. f.
SUCH FURTHER OR OTHER ORDER(S) as the Honourable Court may deem fit to make in the circumstances.” After evidence was adduced from both parties, judgment was given against the 1st Respondent who was dissatisfied with the decision of the trial Court delivered on 19th June, 2017 appealed against same before the lower Court on the same day. The 1st Respondent in his Notice of Appeal sought the following reliefs: a. “A DECLARATION of this Honourable Court allowing this appeal. b. A DECLARATION of this Honourable Court setting aside the decision of the Upper Area Court No. 3 per Hon. Abbas A.
