ITA G. MBABA, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of Kaduna State High Court in suit No. KD/Z/78/1999, delivered on 9th April, 2009 by Hon. Justice Mairo L. Mohammed, wherein the learned trial judge entered judgment for the Respondents who were plaintiffs in the suit, that the Appellant was in breach of the lease agreement with the Respondents by not building a petrol filling station on the leased land; that the breach resulted to trespass on the land by strangers.
The claim at the trial court, as per the endorsement on the writ of summons was for:
"(I) The sum of fifty million Naira only (N50, 000,000.00) as general Damages for breach of the sublease Agreement and compensation for loss of his (sic) plot as a result of the Defendant's deliberate careless and callous conduct.
(II) An order that the Defendant should pay the plaintiffs the sum of N150, 000.00 being revised rent for three years between August, 1996 - August, 1999.
(III) Such fu…