AFUSIM V. ANDESHEMBE & ANOR

OLABODE ABIMBOLA ADEGBEHINGBE, J.C.A. (Delivering the Leading Judgment):

Facts

The Appellant was the Plaintiff in the lower Court. The Respondents were the Defendants in that Court, but they filed a counter-claim. With a writ of summons and statement of claim, both filed on 18/06/2014, the Appellant filed his suit against the Respondents before the Takum Judicial Division of the Taraba State High Court.

The Appellant, on behalf of himself and the Afusim (Afusin) Iki family, prayed for orders declaring the family’s ownership of a parcel of land said to be situate and lying at Kijwaen, in Ussa Local Government Area of Taraba State. He also prayed for an order of perpetual injunction, and cost of litigation.

In paragraph 5 of the Appellant’s pleading, he described the land he claimed as follows:

“5. The Plaintiff avers that the said parcel of land has the following boundaries:

(a)   To the east is residential area;

(b)   To the west is the land of Angaji;

(c)    To the north is Myache;

(d)   To t…