M. B DONGBAN-MENSEM J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Taraba State High Court of Justice delivered on the 25th November, 2010 and presided over by Hon. Justice Ali I. Andenyangtso (Judge) wherein the Court sitting as a Court of first instance declared title to the land in dispute in favour of the Respondent.
The Appellant before the trial Court was the Defendant while the Respondent was the Plaintiff. The Respondent by a Writ of Summons dated 31st day of January, 2006 issued a Writ against the Appellant for declaration of title to a piece of land lying and situate at No.40 Hammaruwa Way, Jalingo, Taraba State.
The Writ of Summons issued for the commencement of Suit No. TRSJ/4/2006 was initially issued by Alh. Umaru Saleh as the Plaintiff who later died in the course of the action before the lower Court. By a motion dated 12th March, 2008 (the motion is contained at pages 78 - 82 of the records for this appeal. The Respondent being …