EMMANUEL AKOMAYE AGIM, J.S.C. (Delivering the Lead Judgment): On 24-12-2004, the appellant herein plaintiff commenced Suit No. FHC/KD/CS/67/2010 by an originating summons raising the following questions for determination-
"1. Whether on interpretation of the survey plan, KAD/81/11 (item KZ. 269), covering Gongola Road, Kaduna South, Kaduna, the plot of land occupied by tenants of the 1st defendant measuring 1.21 (1.205) acre or 0.488 hectare boundaries of which are marked by property beacons Nos. Z.9670, Z.9671, Z.9677 AND Z.9678, having among other features, a wall fence, two gates, a semi-detached duplex, boys quarters and two garages is plot 25 or plot 39 of the same Gongola Road, Kaduna South, Kaduna.
2. Whether a plot 39 Gongola Road, Kaduna South, Kaduna, (a 'plot' which has no size, beacon numbers and boundary features also referred to as house No. 39 of the same road) exists or it is a non-existing plot imagined by servants or agents of the 1st defendant to cover their unautho…