JAMILU YAMMAMA TUKUR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Adamawa State in SUIT NO: ADSY/40/2017 delivered on 3rd February, 2020 by Honourable Justice Nathan Musa, wherein the Court gave judgement in favour of the Respondent.
The material facts of the case leading to this appeal is that the Appellant acting on the belief that it had ownership rights over the land in dispute instituted an action in the lower Court via an Amended Writ of Summons dated 19/03/2019, claiming the following:
1. A declaration that the acts of the Ministry of Land and Survey, Yola in granting ADS/292 excised out of the 124.53 hectares of the land covered by Certificate of Occupancy No.GS/1126 amounts to trespass, as per the Defendants who are restrained in suit no. GGSY/11/84.
2. An order declaring as null and void the allocation of plot of land Certificate of Occupancy No. ADS/292 to the 1st Defendant by Ministry of Land and Survey during the subs…