JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): The respondents instituted this action against the appellants before the High Court of Justice of Borno State holden at Maiduguri on 2nd July, 1997. The suit was contested on pleadings.
Pleadings constitute a notice of what the parties intend to canvass at the trial. See Uwegba v. Attorney-General of Bendel State (1986) NWLR (Pt.16) 303 at 317 and Obmiami Brick and Stones Nig. Ltd. v. ACB Ltd. (1992) 3 SCNJ 1 at 35. At the close and exchange of pleadings, the respondents traced their title to the disputed land to Goni Aji his grand father who was first to clear the land and settle on it for about 20 years before his death around 1905. Thereafter Abdul Kudus, their father inherited the farmland and continued in occupation undisturbed till his death in 1969. The respondents and Baba Gana inherited the land and continued possession till Baba Gana died in 1978. The respondents continued in possession till they excised part of the l…