JOHN AFOLABI FABIYI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Sokoto Division ('the court below' for short) delivered on the 21st day of April, 2011. Therein, the judgment of Gulma, J. delivered against the respondent and in favour of the appellants on the 31st day of January, 2000, at Zuru Division of the Kebbi State High Court of Justice, (trial court) was set aside. As well, the suit of the appellants, as plaintiffs before the trial court, was dismissed in its entirety.
It is apt to state the relevant facts of the matter at this point. The appellants, as plaintiffs before the trial court, filed their writ of summons against the respondent. In their amended Statement of Claim, they claimed on page 12 of the records the following reliefs:-
"1. A declaration that the land in dispute belongs to the fathers of the plaintiffs and they inherited same from his (sic) death from him (sic).
2. A declaration that the defendant's e…