ITA G. MBABA J.C.A (Delivering the Leading Judgment): This appeal arose from the judgment of Kaduna State High Court, in suit No. KDH/KAD/660/2006, delivered by HON. JUSTICE J.S. ABIRIYI on 16/1/2009. Appellant, who was the plaintiff at the Court below, had sought the following reliefs, as per his Amended statement of claim, filed on 23/7/2008:
"i. A declaration that the Defendant, having rescinded the Agreement in respect of the lands in dispute, had no authority to interfere with the Plaintiff's possession and enjoyment of the lands in dispute.
ii. A declaration that the Plaintiff is the beneficial owner of the pieces of land located at Mararaban Rido and Kujama and measuring 157ft N, 494ft W, 155ft E and 100ft respectively and therefore to the exclusion of the Defendant.
iii. An order of perpetual injunction Restraining the Defendant, Agent, Privies, or assigns from remaining or committing further acts of trespass of the lands in dispute or from interfering with the plaintiff's use…