IGUH, JSC (Delivering the Lead Judgment): By a writ of summons issued on the 28th day of June, 1986, the plaintiff, who is the 1st respondent herein, instituted an action against the 1st defendant, who is now the appellant, at the Maiduguri Judicial Division of the High Court of Justice, Borno State, claiming as follows:
“(a) A declaration that the defendant is not entitled to enter or use the said farmland.
(b) An injunction to restrain the defendant either by himself, his servants or agents or otherwise whosoever from entering or using the said farmland.
(c) Damages.
(d) Further or other reliefs.”
Pleadings were ordered in the suit and were duly settled, filed and exchanged.
On the application of the 1st defendant, both the Attorney-General and the Commissioner for lands and survey, Borno State were on the 16th day of June, 1987 joined as “third parties” in the suit. The “third parties” are now the 2nd and 3rd respondents respectively in this proceeding.
The question whether the 2nd an…