JAURO AHMADU ALI & ANOR V. AHMADU ADAMU DANDOGARI

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of HIGH COURT OF JUSTICE GOMBE - MAOGOMYA - J delivered on 30th day of June, 2008. The facts of this case are straight forward. The Respondent as Plaintiff at the court below approached the High Court vide Originating summons dated 7th day of January, 2008 and filed on 10th day of January, 2008 seeking for determination of the following questions viz:-

"1. Whether by the judgment of Kaltungo Area Court of 15/5/1975 between the plaintiff and 1st defendant's father the Plaintiff is not entitled to the peaceful occupation of the land laying (sic) and situate at Latodo in Kaltungo L.G.A. presently occupied by the defendants.

2. Whether the Judgment of Kaltungo Area court between Plaintiff and 1st Defendant's father now deceased it was not a vacation of the land.

3. Whether by the death of the 1st defendant's father the land did not revert to the plaintiff as per the Judgment of the court no…