OMAGE, J.C.A. (Delivering the Leading Judgment): In his amended statement of claim, in the Court below, the plaintiff now Respondent in this appeal claimed as follows:-
"1. A declaration that the plot of land No. 826, which situates at No. 25 Link Road Nassarawa Quarters Gyadi Gyadi-Kano, which land is covered by a certificate of occupancy number LKN/CON/RES/81/471 on mortgage to the defendant, now Appellant in this appeal is not subject to, and does not confer on the defendant/appellant any statutory right of sale. That the defendant does not possess any right on the said property.
2. A declaration that the plaintiff/respondent is still the statutory occupier of the said landed property.
3. Perpetual injunction restraining the defendant now appellant from selling the landed property, and
5. General damages of N150,600 for loss of job, delay caused and unlawful refusal to hand over the plaintiff certificate of occupancy to the mortgage bank."
The defendant in its statement of defenc…