HASSAN BOYI & 2 ORS V. MAGAJI ALH. AJIYA & 17 ORS

EBIOWEI TOBI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Gombe State coram Hon. Justice H.Y. Heman (CJ), delivered on the 25/09/2017. The brief fact of the case is that the Appellants as Plaintiffs commenced an action at the Gombe State High Court (hereinafter called, the lower Court), by way of a Writ of Summons dated 12/10/2011 claiming the reliefs set out on the writ. In the cause of the trial, pleadings were filed and exchanged, witnesses were also called and at the end of the litigation journey before the lower Court, judgment was delivered in favour of the Plaintiffs against the 1st and 3rd Defendants, while the case of the Plaintiffs against the 2nd, 4th to 18th Defendants failed and was dismissed. The judgment of the lower Court can be found at pages 643-691 of the record of appeal. The lower Court in its decision found at pages 689-691 of the record held thus:

​“As earlier stated, the 2nd, 4th to 18th Defendants have e…