DANLAMI ARABS RUKUJE V. ABDU ALIYU DEBA

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Gombe State delivered in Suit No GM/245/2015 by Honorable Justice Saad Mohammed on the 20th of February, 2017. The action in the lower Court was commenced by the Respondent and his claims against the Appellant were for a declaration that the entry of the Appellant into his farmland amounted to trespass, injunction to restrain further trespass, damages for specific injuries suffered by reason of the said trespass, general and aggravated damages, Solicitors fee and cost of the action. The Appellant counterclaimed for declaration of ownership of land, declaration of trespass, injunction to restrain further trespass, damages for trespass, legal fees and cost of the action.

The case of the Respondent on the pleadings was that he was the owner of a parcel of farmland known as Tukulma Forest Reserve Area, which shares boundary with Dundadu Forest Reserve Area, and…