ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of High Court of Justice Bauchi State delivered on 3rd September, 2015 by G.M. Mahmoud J. wherein he granted all the reliefs sought by the Respondent in her suit and dismissed the counter-claim.
By a writ of summons dated 20th December, 2011 filed along with a statement of claim dated 12th December, 2011, the plaintiff now Respondent herein commenced an action before High Court of Justice Bauchi State seeking for the following reliefs:
1. AN ORDER of declaration that the plaintiff is the rightful holder of Right of occupancy No. BA/31069 granted over a piece of land situated at Bauchi in Bauchi Local Government Area of Bauchi State, part of LP/8A/3/DP/5 (plot No. 20) and consisting of 239Z.21 sqm.
2. AN ORDER of declaration that the acts of the defendant of adding some course on the wall the plaintiff started to erect amounts to trespass.
3. AN ORDER OF PERPETUAL INJUNCTION restraining the d…