TUNDE O. AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal filed by the appellant against the judgment of Kebbi State High Court of Justice delivered on 27/6/2013 in KB/HC/11/2013.
The plaintiff had instituted an action against the defendant in the lower court claiming as follows:
"The claimant claim against the defendant:
1. A declaration that the claimant having been allocated all that piece of land known as plot No. 95 situate at LP33 phase II Gwadangwaji Area Birnin Kebbi measuring an area of about 0.098 hectres and covered by letter of grant no. BI/G/4063 is the owner of same, and is entitled to exclusive possession and enjoyment of same without disturbance from the defendant.
2. A declaration that the defendant's act of entry and excavating the claimant's land known as plot No. 95 situate at LP33 phase II Gwadangwaji Area Birnin Kebbi, measuring an area of about 0.098 hectres and covered by letter of grant no. BI/G/4063 dated the 27…