ABIRIYI JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Kebbi State High Court wherein the respondents as plaintiffs claimed against the appellant as defendant, the following: An order for declaration of title of the land in dispute.
An order of the honourable court declaring the 1st plaintiff to be the person entitled to statutory right of occupancy of the land in dispute. An order ejecting the defendant from the land in dispute.
N10,000.00 (ten thousand naira) damages.
The trial court in a reserved judgment entered judgment in favour of the respondents. Dissatisfied with the decision, the appellant has appealed to this court against the judgment on seven grounds. Three issues were formulated from the seven grounds of appeal. These are: Was the identity of the land in dispute clearly demarcated, ascertained and proved at the trial to warrant the trial court making a declaration of a right of occupancy in favour of the A respondents? (Distilled from gr…