UGOCHUKWU ANTHONY OGAKWU, JCA (Delivering the Leading Judgement): This appeal is against the judgment of the High Court of Borno State, Coram Judice: Mussa, J., delivered on 16th July 2021 in SUIT NO. BOHC/MG/CV/28/2018: MALLAM KYARIMI and ANOR. v. KAIGAMA GALTIMARI and ORS. The 1st Respondent herein who was substituted for the original claimant at the lower court was the Claimant/Defendant to Counterclaim at the lower court, while the 2nd Respondent herein was only a defendant to the Counterclaim at the lower court. The 1st–3rd Appellants were Defendants at the lower court, while the 4th Appellant herein was the Defendant/Counterclaimant at the lower court.
The 1st Respondent as Claimant at the lower court claimed the following reliefs against the Appellants in respect of the disputed land:
“WHEREOF the Claimant claim against the Defendants as follows:
A. Declaration that the Claimant is the rightful owner of the hereditary land known as Ngabar lying and situate at Gajiganna Town…