MUSDAPHER, JCA (Delivering the Lead judgment): This is an appeal and cross-appeal against the judgment of Kusherki, J. of the High Court of Federal Capital Territory, Abuja in suit No. FCT/HC/CV/345/99, wherein judgment was entered partially in favour of the plaintiff and the defendant’s counter-claim was dismissed. The judgment was delivered on 20/10/1999.
The claims of the plaintiff were as follows:-
“1. A declaration that the plaintiff is the bona fide owner of all A that plot No. 999 Cadastal Zone B6, Mabushi District, Abuja.
2. A mandatory order directing the defendant to hand over the Federal Republic of Nigeria Certificate of Occupancy No. FCT/ ABU/DT. 291, covering the said plot to the plaintiff forthwith.
3. A perpetual injunction restraining the defendant either by himself, his agents or privies howsoever called from further trespassing on the land. Two million naira (N2,000,000.00) as general damages for trespass.”
The defendant counter-claimed the following reliefs against …