SAIDU TANKO HUSSAINI, J.C.A.(Delivering the Leading Judgment): This appeal is against the Judgment of the Taraba State High Court sitting in Jalingo and delivered on the 21st July, 2015 dismissing in its entirety, the claim brought before it.
The appellant and his younger brother, Shavo B. Mago, now deceased, commenced action at the said Court vide the writ of Summons and the Statement of claim dated 16th May, 2014 and claimed the reliefs, among others, a declaration that they are the rightful owners of the land in dispute described by them, as per paragraph 19 (1) of the Statement of claim. Appellant as Plaintiff further sought for an order of forfeiture against the respondent for his acts of misbehavior in that the respondent did not only challenge or contest ownership of the land in dispute with the plaintiff but secretly sold or rented out portions of the land to stranger who notwithstanding that himself (respondent) was/is a customary tenant live on the land. In the pleadings, the…