ALOYSIUS IYORGYER KATSINA-ALU, J.S.C. (Delivering the Lead Judgment): This is an appeal from a judgment of the Court of Appeal, Kaduna Division delivered on the 26th of February, 1996.
The respondent as plaintiff in the Kano State High Court took out a writ of summons against the appellant as defendant claiming as follows:
(i) Damages
(ii) A declaration that the defendant is not entitled to the premises in such manner as to dig trench and put heaps of sand on the plaintiff's said land.
(iii) A declaration that the defendant is not entitled to continue to retain the nuisance (i.e. heaps of sand) on the land.
(iv) An injunction restraining the defendant from continuing to keep the sand and the trench on the plaintiff's land so as to be nuisance to the plaintiff.
The case went to trial before Saleh Minjibir, CJ of Kano State. After Hearing evidence the learned CJ entered judgment for the plaintiff.
In the course of his judgment, he held thus:
"In my own considered opinion, two documents are cr…