BILLY GRAHAMS HARUNA V. BASHIR KALLI & YARO MOHAMMED DANTANI

TANI YUSUF HASSAN, J.C.A. (Delivering the Leading Judgment): This appeal is from the judgment of the Borno State High Court delivered on the 27th day of February, 2017 by Hon. Justice A. Z. Mussa in suit No. BOHC/MG/CV/13/2015.

Briefly the facts of the case are that the Appellant is claiming for a declaration of title and injunction in respect of a land, plot No. 276, BOTP/122 covered by a Right of Occupancy No. BO/16632/7. The Respondents also counter claimed for the same reliefs over the same land. Both parties are claiming the land on purchase.

The Appellant as claimant at the lower Court, by Amended Writ of Summons and Statement Claim, claimed against the Respondents as Defendants as follows:

(i) A declaration that the Claimant is entitled to the right and interest in the land in dispute known and described as plot No. 276, BOTP/122 covered by Right of Occupancy No. BO/16632/7.

(ii) An order of injunction restraining the Defendant or anybody through whom he is claiming or his heirs, r…