JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Justice of Gombe State in Suit No. GM/59/2018, delivered on 10th December, 2018 by Abubakar Jauro, J.
The facts leading to the appeal are briefly as follows: The Respondent herein, as Plaintiff before the trial Court, filed an action seeking a declaration of title to land and other ancillary reliefs. After several adjournments when the Appellants as Defendant, had failed to respond to the claim by filing a statement of defence, the Respondent proceeded to adduce evidence in proof of his claim through three witnesses and one exhibit. The Defendant did not cross-examine the witnesses. Subsequently, the trial Court closed the Appellant’s defence and made an order for written addresses to be filed by Counsel to the parties. The Respondent filed the Plaintiff’s written address which was served on the Defendants, but the Defendants failed to respond within the time prescr…