ZHITSU MOHAMMED KOLO TAKPA V. ISAH SHESHI, ALHAJI A. KPFNJE (ETSU DAZHI)

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Niger State High Court of Justice delivered on 31st day of July, 2007 by Hon. Justice Tanko Y. Usman.

The Plaintiff had on 1st August 2002 instituted the action against two defendants claiming against them as follows:

"i. A declaratory order of title against the Defendants to all that pieces or parcels of farmlands known and called Ezusaba, Sodikpan, Tsarazhi and Sodogi situate, lying and being at the Eastern part of Da'ad village of Doko Local Government Area of Niger State.

ii. An Order of forfeiture of traditional tenancy against the Defendant on the pieces or parcels of farmlands known and called Ezusaba, Sodikpan, Tsarazi and Sodogi, situate, lying and being at the Eastern part of Da'ado village of Doko Local Government Area of Niger State.

iii. An Order of perpetual injunction against the Defendants by themselves, their agents, servants, privies and     assigns whatsoever from ent…