ABIYA RAKWA & ORS V. BATA SWALLANGWA LASSA

EDOZIE, J.C.A. (Delivering the Leading Judgment): In an action commenced on 10/6/87, in the Uba Area Court, the respondent as plaintiff sued five named defendants claiming title to and possession of a certain piece of farmland. The respondent's case was that he bought the land in dispute from one Sikari Zira. At the time of the sale, the five defendants were settlers on the land. They, the defendants were told by the vendor that anyone who disputed his ownership of the land should take him to court. There was no response from the defendants. The respondent has since obtained a Certificate of occupancy in respect of the land. On the 16/6/87 when the case came up for hearing, one of the defendants told the court that when the respondent started claiming the land, they the defendants went to the village head to lodge a report. Thereafter, the defendants contributed the sum of N260 which they handed over to the village head to pay to the respondent as a refund of the money he paid for the…