SAIDU TANKO HUSAINI, J.C.A. (Delivering the Leading Judgment): The High Court of Justice of Gombe State sitting in Gombe in the Judgment delivered on the 22/3/2010 granted all but one relief in the action instituted by the Plaintiffs now Respondents in suit No. Gm/62/2003 on the 24th July, 2003.
The plaintiffs by the Writ of Summons and Statement of claim (as amended) claimed against the defendants now Appellants, a variety of reliefs in terms of the claim at paragraph 23 of the 2nd amended statement of claim to wit:
"23. As a result of the foregoing the plaintiffs have suffered damages WHEREOF the plaintiff claims against the Defendants jointly and severally as follows:
a). A declaration that the plaintiffs are joints heirs to the estate of their deceased grandfather Waziri Yakoli therefore joint owners of the plot of land located at Todi West of the District Head of Todi palace as described in paragraph 7 above
b) A declaration that the Defendants have trespassed into the said land.