MUKHTAR JCA (Delivering the Lead Judgment): In his statement of claim in the High Court of Borno State, the 1st respondent who was the plaintiff claimed the following reliefs against the appellant and the 2nd respondent:
A declaration that the sales agreement between him and the 2nd defendant is valid and subsisting and that the plaintiff is A the lawful and rightful owner.
An order for perpetual injunction restraining the defendants by themselves, their purported assigns, agents or servants from committing further acts of trespass on the plot of land.
N200,000.00 special and general damages from the 1st defendant for trespass. Cost of this suit.
The plaintiff’s case was that he bought a plot of land from the 2nd defendant in July 1984 at N600.00 he beingthe traditional title holder of the plot. He took possession after purchase until the 1st defendant trespassed on the land and destroyed his farm crops.
The 1st defendant denied most of the allegations, asserting that he bought the piece…