ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgement): This appeal emanates from the judgment of the Adamawa State High Court, Mubi, delivered on the 9th February, 2009. The respondent as plaintiff, had filed an action against the appellant as defendant, praying at paragraph 12 of the statement of claim for
(i) A declaration that the plaintiff is the rightful owner and or entitled to the piece of Sand measuring 70 feet by 75 feet located at Arhan-Kana or Gima ward, Mubi, Mubi South Local Government Area of Adamawa State having purchased same under customary sale since 18th April 1972 from one Tizhe Kuvange the original lawful owner and or occupier.
(ii) A declaration that the Defendant is not entitled to the ownership and or possession of the said piece of land, having not purchased same from the rightful owner and or occupier.
(iii) A declaration that any purported sale of land to the Defendant by any person not being the rightful owner, occupier or user thereof is null…