M. BELLO, J.S.C. (Delivering the Leading Judgment): The case resulting in this appeal has a protracted history. It was started in 1962 in the former Native Court of the Atta Igala where the present respondent, as plaintiff, sued the present appellant, as defendant, and claimed a declaration of title to a parcel of land at Iyano and Abujaga villages. After having heard the evidence, the trial court found for the plaintiff and made the declaration sought. The defendant appealed to the former Provincial Court which allowed the appeal and nullified the decision of the trial court. In turn, the plaintiff appealed to the former High Court of Northern Nigeria and that court allowed his appeal, set aside the judgment of the Provincial Court and restored and affirmed the decision of the trial court. It is against the decision of the High Court that the defendant has appealed to this court.
At the hearing of the appeal in this court, we invited counsel for both parties to address the court as t…