OBADINA, JCA (Delivering the Lead Judgment): This is an appeal against the ruling of theAdamawa State High Court, sitting at Yola, presided by Honourable Justice Ishaya K. Bunu in suit No. ADSY/84/92.
In their writ of summons, the appellants as plaintiffs claimed against the respondent as defendant a declaration among other reliefs, “that the 1st plaintiff is still the lawful holder of the title of the land situate and being in Ngurore......”
The parties filed and exchanged their pleadings. The case was then set down for hearing. At the trial the plaintiffs called one witness and took a date for continuation of hearing. On the next adjourned date, the plaintiffs/appellants through their counsel informed the court that the case was being settled out of court, and asked for adjournment. The defendant/respondent did not object to the application for adjournment and the case was adjourned for report of settlement. That was on the 15th September, 1994. The case came up on the 3rd of Novemb…