<p>RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment): The appellants in suit No.PLD/J43/2003 pending at the Plateau State High Court, Jos Judicial Division claimed of the defendants in paragraph 36 of their amended statement of claim as follows: -</p><p> (a) A declaration that the plaintiffs are customary title owners of all that parcel of land located at and known as Kera or Zagon Shanu along Shen Road, Zawan, Bukuru measuring about 6500 square metres. </p><p> (b) An order of perpetual injunction restraining the defendants or their agents from trespassing into the land. </p><p> Both parties exchanged pleadings. By a motion dated 8th December, 2004 the defendants sought an order of the trial High Court &quot;Dismissing the claim in this suit on the ground that same is statute barred.&quot; The application was accompanied by a 7 paragraph affidavit which is reproduced in full below:</p><p> 1. That l am the litigation clerk in the Ministry of Justice, Jos and by virtue of which position I am conversant with the fac…</p>