ADAMU JAURO, J.C.A. (Delivering the Leading Judgment): The appeal herein is against the judgment of the High Court of Justice Bauchi State delivered on 19th September, 2016 in suit No.BA/192/2014 by Honourable Justice M.A. Sambo.
The dispute culminating in this appeal is as to the ownership of a shop located in Angwan Ngass, Yalwan Tudu Bauchi within Bauchi town the capital of Bauchi State. The case of the respondent as plaintiff was that he bought a grinding machine with its accessories, the shed and the land upon which it was mounted measuring about 10x14 square metres from one Mr. O.C. Onate in 1991. The respondent averred that upon his return from a 9 days family trip to his hometown in Kogi State he noticed that the defendant had trespassed on the land in question and was erecting another shop. Consequent upon the foregoing, the respondent as plaintiff instituted an action against the appellant, in the trial Court claiming for the following reliefs:
a) A DECLARATION that the land c…