OYEBISI FOLAYEMI OMOLEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Borno State in the Maiduguri Judicial Division (hereinafter referred to as the trial Court) per U. B. Bwala, J., delivered on 2nd of September, 2013 in Suit No. BOHC/MG/CV/22/2011.
The Appellants as plaintiffs before the trial Court vide their Writ of Summons and Amended Statement of Claim sued the Respondents and one other who later became deceased as defendants and claimed against them as follows:
A. A declaration that the defendants are trespassers to the land in dispute situate along Baga Road Maiduguri covered by a customary right of occupancy Nos. 484 and 485 registered at the Ministry of Lands and Survey as Nos. BO/731 and BO/864 on Maiduguri Sheet No.19, Maiduguri, Borno State.
B. The sum of N500, 000.00 damages for trespass against the defendants.
C. Perpetual injunction restraining the defendants either by themselves, their Agents, Servants, Assigns, Su…