Judgment
JAMILU YAMMAMA TUKUR, J.C.A. (Delivering the Leading Judgment) : This is an appeal against the judgment of the High Court of Taraba State, Jalingo judicial division delivered on 12th day of July, 2019 by Honourable Justice J.F. Agya, wherein the Court gave judgment in favour of the Respondents. The material facts of the case leading to this appeal is that the Appellant acting on the belief that he was entitled to declaration of title instituted an action before the lower Court via a Writ of Summons sealed on 18th January, 2018, via which he sought the following: 1.
A Declaration that the Plaintiff is the rightful owner of the piece of land lying and situate in Wuro Fada in Ardo Kola Local Government Area and is bounded as follows: A. To the North, by a bush path/access road. B. To the South, by a bush path/access road. C. To the East, by a bush path/access road. D. To the West, by a stream. 2. A Declaration that the Defendants, their privies and/or agents are trespassers to the land in dispute. 3.
An Order of injunction restraining the Defendants by themselves their allies, agents or any person acting by themselves or through them from further acts of trespass over the land in dispute. 4. The sum of One million Naira (N1,000,000.00) as general damages for trespass. 5. Cost of filing and prosecuting this suit. The Appellant filed all requisite processes and in response, the Respondents filed a statement of defence and counter claim, by which they sought the following orders: 1.
An Order of this Honourable Court granting the Defendants/Counter Claimants title over all that vast piece of land lying and situate at Koko, Wuro Fada in Ardo Kola LGA of Taraba State and is bounded as follows: (a) To the North, by a bush path/access road and church land (U.M.C.N Gu Bassa) (b) To the South by a bush path/access road and Danlami Joseph Nagwa’s farm land (c) To the East, by a bush path/access road and Jauro Baba’s land. (d) To the west, by a stream. 2.
An order of this Honourable Court restraining the plaintiff, his privies, agents, servants or any person acting on his behalf from trespassing into the land. 3. An order awarding general damages to the tune of N1,000,000.00. (One million Naira only) against the Plaintiff. The matter went on to trial and upon the conclusion of trial, the lower Court in a judgment delivered on 12th July, 2019, found that the Appellant failed to prove ownership of the land in dispute, but that the Respondents established title to the land in dispute.
