ALH. BELLO DAN YADADO & ANOR V. ALHAJI MANNI MAI ITACE (TAYA)

FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of BELLO ALIYU GUSAU, J of Zamfara State High Court, Gusau Judicial Division delivered on 22-7-2016, wherein the claim of the Appellants against the Respondent was dismissed, with cost of N50,000.00 (see pages 61-70 of the record of appeal). By the Appellants writ of summons and Statement of Claim the Appellants claimed against the Respondent as follows;

1. A declaration that all that piece of land covered by Certificate of Occupancy No: GUS/GS/6313 being the second Plaintiff name (sic) lying and situated at Mareri Village, T/Wada,Gusau, belonging (sic) to the Plaintiffs (particularly the 2nd Plaintiff) by virtue of the above mentioned certificate granted to him by Zamfara State Government in 2004.

2. A declaration that the act of the Defendant of entering and clearing the said land and cultivating same, without the consent and or authority of the Plaintiff amounts to trespass.

3. An…