HABIB ALHAJI BUKAR V. ALHAJI BASHIR

IBRAHIM SHATA BDLIYA, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the Borno State High Court (hereinafter referred to as the trial court) in suit No. M/63/93 delivered on 13th day of June, 1997. The appellant was the plaintiff before the trial court. He sued the respondent (then defendant) seeking for a declaration of title to the land in dispute, injunction order and general damages for trespass. His claim was predicated on long possession and acts of ownership having inherited the land from his father. On the other hand, the respondent asserted that he purchased the land through Alhaji Shugaban Darman who was granted right of occupation by the Maiduguri Metropolitan Council and the Borno State Government. After the exchange of pleadings the matter went to trial. Both parties called witnesses and tendered exhibits in support of their respective claims. The learned trial judge, after the address of learned counsel, delivered his judgment on 13th …