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JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment delivered on 14th March, 2014 in the High Court of Taraba State sitting at Jalingo on appeal. The Appellants in that Court are the Respondents in this Court. The Respondents in that Court are the Appellants before this Court.
The action which commenced at the Upper Area Court II Jalingo where the Appellants took out a civil summons against the Respondents was for the following:
(a) An order of declaration that the Plaintiffs are the persons entitled to right of occupancy on the piece of land described in paragraphs 4-6 (paragraph their application for issuance of civil summons filed before this Court).
(b) An order declaring the acts of Defendants in entering upon and clearing the land to farm and claiming to be owners as act of trespass.
(c) An order of perpetual injunction restraining the Defendants by themselves, their heirs, assigns, privies successors or any person lying (sic) claim …