JAMILU YAMMAMA TUKUR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Taraba State in SUIT NO: TRSJ/54/2014 delivered on 26th March, 2018 by Honourable Justice Ali I. Andenyangtso (as he then was now J.C.A.) wherein the Court gave judgment in favour of the Respondent.
The material facts of the case leading to this appeal is that the Respondent acting on the belief that she is the beneficial owner of the land in dispute instituted an action in the lower Court via a Writ of Summons dated 4th June, 2014, and by her amended statement of claim dated and filed on 28th November, 2016, claimed the following:
1. A DECLARATION of title over that piece of land covered by Right of Occupancy No. TS/14950 with reference No. TS/MIS/LAN/20476 and dated 1st August, 2005 with total area of 900 square meters, in favour of the plaintiff.
2. A DECLARATION of this Hon. Court that the defendant’s action amounted to trespass ab initio.
3. AN ORDER of this Hon…