HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A.(Delivering the Leading Judgment):This appeal is against the judgment of the High Court of Plateau State delivered in Suit No PLD/ J477/2009 on the 15th of December, 2016 by Honorable Justice D. G. Mann.
The Appellant commenced the action before the lower Court and his claim against the Respondents was for declaration of ownership of a parcel of land lying and situated at Nyango Gyel Village, Bukuru Low Cost Jos South Local Government Area and covered by a Right of Occupancy No PL30148, damages for trespass and injunction restraining further trespass. The Appellant filed his writ of summons and all other necessary originating processes in support thereof. The Respondents were duly served with the processes and they responded by filing a statement of defence and counterclaim and this was accompanied by all necessary processes.
The party concluded the exchange of pleadings and whereupon the matter proceeded to trial. The Appellant called two witnesses…