JAMES GAMBO ABUNDAGA, JCA (Delivering the Leading Judgment): This appeal challenges the judgment of high court of Kaduna State in Suit No. KDH/KAF/154/2011 sitting in Kafachan delivered by Hon. Justice S.S. Daka on 18th April, 2016.
Background Facts
The facts leading to this appeal are as gleaned from the pleadings of the parties.
The plaintiff (now) appellant on behalf of himself and his community claimed that the land, the subject matter of the suit is the former settlement of Arusuwa village, where the people of Arusuwa settled for over 200 years before migrating in 2001 to the present Arusuwa village where the people presently reside. That where the defendant (now Respondent) trespassed in 2011 is only a portion of a large piece of the land. The claim of the plaintiff is that in August, 2010 the plaintiff had a meeting with Nindem Community which defendant belonged to at which it was resolved that the land is the old settlement of Arusuwa Community and that the defendant’s Community …