IBRAHIM MOHAMMED MUSA SAULAWA, JSC (DELIVERING THE LEADING JUDGMENT): The present appeal is a natural fall-out of the judgment of the Court of Appeal, Jos Judicial Division, delivered on August 8, 2006, in appeal No. CA/J/81/2001. By the judgment in question, the Court below, coram RD Muhammad, JCA, KB Akaahs and UM Abba Aji, JJCA (as then were) dismissed the Appellant's appeal.
BACKGROUND FACTS
The case has had a chequered history. The genesis of the case could be traced to three and a half decades ago. Precisely, the Appellant instituted the case vide a writ of summons, dated may 10, 1990 against the Respondent's father, the late Tarzoho Gesa, thereby claiming some declaratory, injunctive and damages reliefs:
(a) A declaration that the Right/Certificates of Occupancy No. BN 442 issued to the 1st Defendant was obtained by a false and fraudulent misrepresentation made by the 1st Defendant to the effect that the land belongs to him.
(b) The revocation, setting aside or cancellation of the …