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HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A.(Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Gombe State delivered in Suit No GM/35/2006 by Honorable Justice A. M. Yakubu on the 11th of April, 2014. The first Respondent commenced the action in the lower Court against the second Respondent, the Appellant and the third and fourth Respondents as the first to the fourth defendants respectively. The fourth Respondent was not a defendant in the matter from commencement but he was joined by the lower Court in the course of the trial.
The claim of the first Respondent before the lower Court was in respect of a property consisting of eleven rooms and ten shops at Tudun Wada lying opposite the Gombe Fire Station along Dukku Motor Park Road in Gombe. The first Respondent claimed ownership of the property and sought for declaratory orders that the property did not belong to Alhaji Sani Hassan Bara (deceased) and that the sale of the property to the Appellant in…