JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): I have tagged my opinion ?Decision? because of the provisions of Section 294(1) ? (5) read together with Section 318(1) of the Constitution of the Federal Republic of Nigeria 1999 as amended: The Constitution provides that the determination of each Justice of the Court of Appeal or the Supreme Court is either an opinion or a decision. The word ?Ruling? is not to be found in the definition of ?decision?. Under Section 318(1) of the Constitution supra.
The appellant and the respondents claim plots 224, 226, 230, 232 and 234 in Block BOSA 58 lying and situate at Mashamari Layout in Jere Local Government Area in Bornu State. The respondents instituted this action against the appellant before the High Court of Justice, Maiduguri, Bornu State on 5th August, 2005.
Having set out the genesis that led to the dispute in paragraphs 1-20 of the statement of claim they sought the following remedies against the appellant:
?1. A declaration of …