Shittu Usman Wurbo & Ors v. Mallam Kastimu Yahaya Ahmed (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE MBABA, JCA (Delivering the leading judgment)

Appellants filed this appeal against the decision of Taraba State High Court, in Suit No. TRSJ/134/2017, delivered on 5th April, 2022, by Hon. Justice F. B. Andetur, wherein the trial Judge entered judgment in favour of the plaintiff (Respondent herein) in terms of his reliefs.

At the trial court, the plaintiff had sought the following reliefs:

(1) A declaration of title over all their farmland lying and situate at Ndiyawo Village Area of Gassol Local Government Area of Taraba State properly bounded as follows:

(a) To the East by a culvert of Kwattan Taru Road and the farm land of Late Bakar Shuaibu.

(b) To the West by Ndiyanbayi Stream owned by one Suaibus family.

(c) To the North is bounded by Huri Stream owned by the village head of Sendirde.

(d) To the South is bounded by the Kutawol Stream which linked to River Lominde to the bank of River Taraba.

(2) A declaration that the plaintiff is entitled to the customary ownership, possession and Management of all these parcels of farmland described in relief (1) above, having inherited same from their parents.

(3) A declaration that the plaintiff and all the other members of his family are the bonafide owners and in absolute control, possession and management of all these parcel of farmland having legally and customarily inherited same from their parents lawfully.

(4) A declaration that the entry of the defendant, into the Northern part of the land described in relief (1) above is an act of trespass abi-nitio.

(5) An Order of perpetual, injunction restraining either by himself, privies, agents, successors, whosoever from trespassing on the land described in relief (1) above.

(6) N1,000,000.00 general damages for the defendant act of trespass committed by the defendant on the plaintiff.

(7) Costs of filing and prosecution of this action. (See pages 9 and 10 of the records of appeal).