PHILOMENA M. EKPE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court Bauchi State presided over by Hon. Justice H. M. Tsammani in Suit No. BA/130/2001 on the 14th day of April 2005. The brief facts of the case are that the Respondent in the lower court sued the Appellants for a declaration of title to a piece of land known as Plot No. 8 Wase Close, Bauchi Industrial Area, covered by a Certificate of Occupancy No. BA/664 dated 10th July, 1980.
The Respondent in addition had also claimed that the appellants trespassed unto this plot of land belonging to him when they merged it with other plots in the area, destroying beacon stones, fencing and excavating the land, and even going further to plant mango trees thereon.
The Appellants on the other hand claimed title to a large piece of land in the same area measuring 6.25 hectres which land included the Respondent's plot No.8 Wase Close, Bauchi Industrial Area. The Appellants further claimed tha…