MINISTRY OF LANDS & HOUSING, BAUCHI STATE & ANOR V. ALHAJI YAKUBU SALE TIRWUN

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A.(Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Bauchi State delivered in Suit No BA/127/2013 by Honorable Justice Rabi T. Umar on the 17th of June, 2015. The Respondent commenced the action in the lower Court and his claims were for declaration of ownership of a parcel of land situate and lying on the eastern part of Gubi Housing Estate, Bauchi and measuring 164 meters east to north, 100 meters north to west, 164 meters north to south and 106 meters west to east and damages for trespass and for an order of perpetual injunction against the Appellants.

The case of the Respondent was that the land in dispute formed part of a vast area of land originally owned by his father and that his father was the first person to clear and deforest the said vast area of land and he exercised absolute control and possession of the land and he farmed thereon in his lifetime without hindrance or disturbance from anybody. It…