UMARU BANGARI V. YAKUBU MUSA DANBIYU

ADAMU JAURO J.C.A. (Delivering the Leading Judgment): The appeal herein is against the judgment of the Adamawa State High Court of Justice delivered on 16th May, 2006 in suit number ADSY/5/05 by Hon. Justice Ambrose D. Mammadi.

The background facts giving rise to this appeal can be compressed as follows: The respondent herein as plaintiff in the lower Court instituted an action vide a writ of summons dated 9th June, 2005 against the appellant as defendant. The action was for a declaration of title to a piece of land situated at Jiddel Ward in Michika Local Government Area of Adamawa State. Consequent upon the aforementioned suit, the respondent as plaintiff claimed for the following reliefs against the appellant as defendant; namely:-

1. "For declaration of title to a piece of land lying and situated at Jiddel Ward in Michika Local Government Area;

2. The sum of N1,000,000.00 damages for trespass;

3. An order of perpetual injunction restraining the defendant, his agents, relations or …