THE EXECUTIVE GOVERNOR, NASARAWA STATE & ANOR V. YUSUF YAKUBU ZAKARI UKPO

ONYEKACHI AJA OTISI. J.C.A. (Delivering the Leading Judgment): This is appeal against the ruling of the High Court of Nasarawa State in Suit No NSD/N.12/2012, delivered by Honourable Justice Audu O. Bako, J. on November 28, 2013 dismissing the Motion on Notice filed by the Appellants in which the Appellants sought to set aside the judgment delivered by the trial Court on June 28, 2013 in the said suit.

The facts leading to this appeal as discernable from the Record of Appeal are as follows: The Nasarawa State Government had acquired certain fish ponds within the Loko Development Area of Nasarawa State. The said fish ponds had been the cause of dispute and hostilities between the Ayele and Iggah Communities of the Loko Development Area. The Respondent instituted action in the lower Court by originating summons seeking, inter alia, declarations that they are owners of the fish pond as well as of the surrounding parcel of land. They also sought to set aside an alleged sale of the said fis…