CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the judgment of the High Court of Justice of Nasarawa State, holden at New Karu (hereinafter to be referred to as trial/lower Court) in suit No. NSD/MG/162/2010, presided over by Hon. Justice Rose G. Soji, J., and delivered 21st March, 2016.
At the lower Court, the plaintiffs (herein the respondents) having sought for and obtained the leave of the Court to sue on a representative capacity vide Motion Ex-parte filed 28th October, 2010 subsequently and by a writ of summons issued 1st November, 2010, sought the following reliefs against the defendant (herein the appellant):
31. WHEREOF the Plaintiffs claims against the defendant are as follows:
a. A declaration that the plaintiffs are the rightful owner of the land adjoining Auta Gurugu through which a footpath leads to “Tumuna” Auta Gurugu’s source of drinking water, having inherited the said land from Ganowa, their great grandfather, the rightfu…