ALHAJI ABACHA MOHAMMED KOLO V. ALHAJI MOHAMMED LAWAN

UZO NDUKWE-ANYANWU, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Borno State delivered on 26th September, 2008. In the judgment, the learned trial Judge dismissed the Plaintiff's claims.

Being dissatisfied the plaintiff now Appellant appealed against the said judgment. The Appellant filed his notice and 5 Grounds of Appeal. On the 6th October, 2009, the Appellant filed the Appellant's brief which counsel adopted. In it, counsel M.E. Oru Esquire formulated 4 issues namely:

(1) Whether or not, the Plaintiff/Appellant, from the pleadings and negligence before the trial Court has proved a better title to the land in dispute to be entitled to the reliefs claimed (Ground of Appeal No: 1).

(2) Whether or not the learned trial Judge was right when he held that the title of the respondent to the land in dispute was not revoked in 1995 before the grant to the appellant when the issue of 'revocation' was not pleaded before the Court (Ground…