ALHAJI GONI KAGA BABAGANA, HAJIYA FANNA ZAKARI ABATCHA V. IBRAHIM ABBA UMAR 7 BA’ABBA BUNU WASILI

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This Appeal is against the Judgment of the Borno State High Court of Justice in Suit No. BOHC/MG/CV/73/18 delivered on November 12, 2019 by B. Karumi, J.

The brief facts leading to the Appeal are that the Appellants, as Claimants before the lower Court, filed a suit vide a Writ of summons. Therein, they claimed the following from the Respondents (as Defendants in the suit):

a. “A declaration that the Claimant's late father Alhaji Babagoni Ahmadu until his death, was a joint owner and holder of the rights and interests in and upon the land in dispute measuring “82 x 30m” and 35m situate at Wulari Mammy Market Area, Maiduguri.

b. A declaration that the Claimants as representative of the Estate of their late father, Alhaji Babagana Ahmadu are entitled to the rights and interests held by their late father in the land in dispute same having devolved on the Claimants and their late father’s family as his heirs.

c. A declaration th…