NZEAKO, JCA (Delivering the Lead Judgment): On the 12th of February 1997, Ogunbiyi J, (as he then was) sitting at the High Court of Justice, Borno State, Maiduguri Division delivered judgment in suit M/68/ 92 in favour of the plaintiffs against the defendants who were four in number, jointly and severally. Dissatisfied, the 2nd defendant has appealed to this court. He filed 10 grounds of appeal on 24/2/97 and later, on 30/1/2001 obtained leave of this court and filed 3 additional grounds of appeal.
The claim of the plaintiffs, the 1st and 2nd respondents in this appeal in which the 2nd defendant is the appellants, was for the following reliefs:-
A declaration that the plaintiffs are entitled to the right of title and interest in and over the land situate at Bolori in Maiduguri Metropolitan Area of Borno State which land is bounded by Flour Mill Road and Yerima Road (also referred to as Wire
Road) and by an adjoining land belonging to one Bukar Kyari Kolo which land is shaded blue and f…