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JOHN AFOLABI FABIYI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the majority decision of the Court of Appeal, Jos Division (the court below) delivered on 27th day of January, 2005. Therein, the judgment of Gwam, J. of Adamawa State High Court, Yola delivered on 13th day of June, 1995 in which the appellant's claim was dismissed in its entirety, was affirmed by the court below.
It is apt to state the facts leading to this appeal briefly. The appellant as plaintiff at the trial court, maintained that he was granted a piece of land measuring 6,149 square metres by the defunct Gongola State Government (now Adamawa State) at Mubi GRA covered by Certificate of Occupancy No. GS/5705, marked by concrete beacons Nos. D1470, D1476, D1475 and D1470A. He maintained that when he went to the land in a bid to fence it, he discovered that some of the beacons were missing. He wrote to the Ministry of Land and Survey but got no response. He subsequently visited the land again a…