UGOCHUKWU ANTHONY OGAKWU, JCA (Delivering the Leading Judgement): The disputed property in this matter has been differently described by the parties. Notwithstanding the disparity in this regard, the property is well known to them and there is no dispute as to its identity. Regardless of what they have called it in their processes, it is one and the same property. For the Appellant, who was the Claimant at the lower court, the disputed property is situate at Ashaka Street, Damboa Road, Behind Mohammed Indimi’s House, Maiduguri, Borno State. The Respondent was the Defendant at the lower court. He also filed a Counterclaim in respect of the disputed property describing the same as Plot No. 3, Alou Close, Damboa Road, GRA, Maiduguri, Borno State.
The Appellant as Claimant at the lower court claimed the following reliefs in respect of the disputed property:
“Whereof the claimant claims against the defendant:
- A declaration that the claimant is the legal owner and title holder of all that p…