FABIYI JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Sokoto Division (‘the court below’ for short), delivered on 21 April 2011. Therein, the judgment of Gulma, J. delivered against the respondent and in favour of the appellants on 31
January 2000 at Zuru Division of the Kebbi State High Court of Justice , (trial court) was set aside. As well, the suit of the appellants as plaintiffs before the trial court, was dismissed in its entirety. It is apt to state the relevant facts of the matter at this point. The appellants as plaintiffs before the trial court, filed their writ of summons against the respondent. In their amended statement of claim, they claimed on page 12 of the records the following reliefs: “1. A declaration that the land in dispute belongs to the fathers of the plaintiffs and they inherited same from before his death from him.
A declaration that the defendant’s entry into the land is illegal and constitutes trespass. An…