JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment delivered on 1st March, 2017 in Suit No. TRSJ/65/2012 in the High Court of Taraba State holden at Jalingo.
The Respondent as plaintiff claimed against the Appellants as defendants the following:
a. Declaration of title to both the southern and northern portions of the land of the plaintiff as bounded as follows:-
i. South: the marshy land up to the Malam Audu access road.
ii. North: the piece of land of the plaintiff as bounded by the Plaintiffs cattle ranch.
b. Perpetual injunction against the defendants and/or any other person claiming title through the Defendants respecting the disputed portions of the land.
c. General damages in the sum of N500, 000.00 for trespass.
d. Costs.
The Appellants in their statement of defence in turn prayed the Court below for the following:
a. AN ORDER of declaration of title to 1st Defendant in respect of the land in dispute sharing boundary by south forkin fa…