BENUS YUNANA & ANOR V. THADDAWUS H. TULA & ORS

SAIDU TANKO HUSSAINI, J.C.A.(Delivering the Leading Judgment): This appeal is against the appellate decision of the High Court of Justice of Adamawa State delivered on the 13th February, 2017, in Suit No. ADSY/48A/2016 by which decision the Court allowed the appeal brought before it from the Judgment delivered at the Upper Area Court, No. 2 Yola on 4th November, 2015.

The Appellants acting for and on behalf of themselves and Yandang Community of Gorta Hosere Wandu of Fufore Local Government Area of Adamawa State instituted action against the Respondents as defendants at the Court vide the Statement of claim dated the 28th September, 2015 wherein they sought a declaration that the act of the defendants in interfering with the family land of Yandang Community by way of dividing and building on the land without the consent of the rest of family amounted to trespass and an attempt to cause disunity and weakieing (sic) the strength of the Yandang Community of Hosere Wandu Gorta, Mayo-Inne D…