OLUKAYODE ARIWOOLA, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Jos division delivered on 12th day of May, 2010 wherein the Court of Appeal, herein referred to as "the Court below", affirmed the decision of the Borno State High Court, hereinafter called "the trial Court", delivered on 26th September, 2008.
The appellant as plaintiff before the trial Court had claimed as follows:
1. A declaration that judgment in suit No. M/132/96 delivered on 5/4/2006 is nullity having been obtained by fraud.
2. A declaration that the plaintiff is the title holder of the land covered by Certificate of Occupancy No. BO/12336.
3. An order directing the defendant to give vacant possession to the plaintiff forthwith.
4. An order restraining the defendant, his servants, agents, assigns or any person whosoever from trespassing or interfering with the land covered by Certificate of Occupancy No. BO/12336.
5. Damages from trespass to be assessed by the Co…