GARBA, J.S.C. (Delivering the Leading Judgment): The respondent instituted an action against the appellant at the High Court of Nasarawa State (trial court) claiming: declaration of title to land situate at Auta Balefi; an order of perpetual injunction; general damages of NGN10,000,000.00 (Ten Million Naira); cost of the action. The appellant also counter-claimed against the respondent for: a declaration of title; order of perpetual injunction; damages and cost of the suit.
The facts of the case which led to this appeal are that the respondent purchased a land situate at Auta Balefi, Karu Local Government Area, Nasarawa State from the attorney of Mrs. David Sanya (alias Matan Malle) on 28th August 2002. The said land devolved to Mrs. David Sanya from her father; Sarkin Baka Uke,Mr. Dogara Ganuwa (deceased) during his lifetime.
To prove its case, five witnesses testified on behalf of the respondent and documents were tendered. A sole witness testified on behalf of the appellant and docum…