OYEBISI FOLAYEMI OMOLEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Yobe State, Potiskum Judicial Division (hereinafter called the trial Court) per I. W. Jauro, J., delivered on 21st of January, 2016 in Suit No. YBS/HC/PT/13CV/2013.
The Appellant was the plaintiff at the trial Court whereat he sued the Respondent as defendant per the Writ of Summons and Statement of Claim filed on 8th of November, 2013 and claimed against the Respondent as follows:
1. A declaration of title over Plot Nos. 01 and 02 situate at Mai Unguwa Bello of Kukuriyel area of Potiskum; Off Shagari Low-Cost, Gashua Road, Potiskum Yobe State and covered by Customary Certificate Nos.02281 and 02282 respectively.
2. An order of perpetual injunction restraining the defendant, his agents, privies or any person acting under his orders, directives or instructions, from any act of trespass on the land covered by Potiskum Local Government Customary Certificate Numbers…