ALHAJI UMAR IDRIS V. KACHALLA BUBA SEINE

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 29th June, 2018 in the High Court of Taraba State sitting at Gembu. In the High Court (Court below), the Appellant was the plaintiff. The Respondent was the defendant/counterclaimant.

The claim of the Appellant against the Respondent at the Court below was for a declaration of title to land, an order of the Court revoking the customary right of occupancy number 575 issued to the Respondent and costs of the suit.

On his own part, the Respondent counterclaimed against the Appellant for a declaration that his customary certificate of occupancy No. 575 is valid and subsisting, declaration of title in his favour over the land covered by the customary certificate of occupancy, a declaration that the acts of the Appellant on the land amount to trespass, a perpetual injunction restraining the Appellant from further acts of trespass on the land and general damages of N500, 000.00 (Five…