TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal filed by the appellants against the ruling of Borno State High Court Maiduguri delivered on 24th January, 2019.
Earlier, the appellants’ father as plaintiff filed an action against the respondents in suit No BOHC/MG/CV/63/2010 claiming a declaration that the purported inclusion of his property covered by Certificate of Occupancy No BO13263 as part of late Mala Kachalla by the 1st defendant amongst other prayers was null and void.
There was then a preliminary objection by the respondents to the competence of the suit. As a result of the objection the action was struck out.
Later, the same appellants’ father in 2018 instituted an action before the Upper Sharia Court Maiduguri. While the action was ongoing, the respondents as applicants sought for an order of certiorari quashing the said summons and all the proceedings in the said Upper Sharia Court III Jere Borno State on the gro…