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OBADINA, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Borno State sitting at Maiduguri, presided over by Kuyatsemi, J. delivered on the 27th of July, 1995. At the trial court, the respondent was the plaintiff while the appellants were the defendants. In paragraph 16 of the statement of claim at the trial court, the plaintiff/respondent claimed against the defendants/appellants as follows:- “(a) A declaration that all that parcel of land measuring 100 by 50 feet and situate directly behind the official residence of the Lawan of Gwange with all structures thereon was the property of late Ya Sa'ide, now deceased, and subject to succession by the plaintiff and the 1st defendant, as heirs to the deceased.
A declaration that the purported sale of various portions of the said parcel of land to the 2nd and 3rd defendants by the 1st defendant is illegal, null and void as the 1st defendant is not the sole owner of same. An order compelling the…