JAMES GAMBO ABUNDAGA, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of high court of Kaduna State in Suit No. KDH/Z/78/2012 delivered on 17th November, 2016 by Hon. Justice MC. Bello.
Synopsis of the Appeal
On 18th April, 2012, the Appellants as plaintiffs caused a writ of summons which was accompanied with a statement of claim of 17 paragraphs to be issued against the Respondents as defendants.
In paragraph 17 of the statement of claim, the plaintiffs claimed as follows: -
a. A DECLARATION that the plaintiffs are the bonafide owner of the parcel of land measuring 30'hectares or there about situate at Borno Village by virtue of inheritance and they are the one entitled to the statutory right of occupancy on the said land which is bounded as follows:
East: - -Mal. Maude Farmland
West: - - -Alh. Umaru Tanimu Farmland
North: - -Road to Dansa’ha Village
South: - Alh. Dogara Na bayi Farmland.
b. A DECLARATION that the defendant’s encroachment into the plaintiffs land…