BIT BIT & ANOR
V.
KUDU & ORS

EBIOWEI TOBI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Hon. Justice M. A. Pindiga of the High Court of Justice Gombe, Gombe State delivered on 12th May, 2016 in suit No. GM/131/2007. The Appellants, who are Plaintiffs in the lower Court, instituted an action against the Respondents, Defendants in the lower Court for a declaration of title among other reliefs to a piece of land at Lamalo or Ladur. They based their claim on the fact that the land was founded by their progenitors and passed on subsequently to their parents. The land was entrusted to the Respondents’ parents on agreement for farming purposes on the condition that it will be returned on request back to the Appellants. The Respondents denied the claims of the Appellants. The Respondents’ case is that the land was founded by their ancestor, Dombe Yori as the first person to settle on the land and by inheritance, it got to the Respondents who had individual lands within the land in disp…