<p><strong> SANUSI JCA (Delivering the Lead Judgment): </strong> This is an appeal against the judgment of Taraba State High Court (coram Siddik Mohammed J.) delivered on 17th February, 1997. The respondent was the plaintiff at the lower court, whereas the appellant was defendant thereat. By a writ of summons, the plaintiff/respondent sued the defendant and made the undermentioned claims. (1) A declaration of title to that parcel of land situate and lying at the right hand side of Waru road of May-Gwot, Jalingo.</p><p>General damages of N10,000.00 (ten thousand naira) for trespass.</p><p>A perpetual injunction restraining the defendant by himself, his agents, heir, privies, assigns or whosoever claims through him from trespassing, or further trespassing into the said parcel or piece of land.</p><p>Pleadings were ordered, filed and exchanged by the parties and subsequently hearing commenced. In the course of the hearing, the respondent as plaintiff, called three witnesses while the appellant as defendant, called two witnesses…</p>