FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Kebbi State, Birnin Kebbi Judicial Division in Suit No. KB/HC/19/2014 and delivered on the 18th day of June, 2015 in favour of the Respondent who was Plaintiff. At the Court below, the Respondent as Plaintiff claimed against the Appellant (as Defendant), an order of the Court declaring that the 7 feet in dispute is part and parcel of the plot no. 17, which is the Plaintiff's land to the exclusion of any other person; among other reliefs.
Upon being served with the Originating processes of the suit at the Court below, the Appellant as Defendant filed a statement of defence, wherein he not only denied the claims against him but made a counter-claim against the Respondent. The matter thereafter went to trial and at the end of which, judgment was given in favour of the Respondent. The Appellant being dissatisfied with the judgment has appealed to this Court vide a …