DALHATU ADAMU, J.C.A. (Delivering the Leading Judgment): The respondent herein (as plaintiff) instituted this case against the appellant (as defendant) before the High Court of Justice, Kaduna State sitting at Kaduna claiming the following reliefs:
"1. A declaration that the acts of the defendant through its agents in creating a thorough-fare in the plaintiff's farmland situate at Fauta Village along Sabon Birni Kaduna without the permission/consent or authority of the plaintiff is unlawful and illegal.
2. A declaration that the said acts of the defendant in creating a thorough fare in the plaintiff's farm land constitutes trespass and illegal encroachment on the plaintiff's farm land.
3. An order of injunction in perpetuity restraining the defendants, its agents and privies from carrying out any act which constitutes trespass on the plaintiff's farmland situate at Fauta village along Sabon Birni Road, Kaduna. (see page 2 of the record of proceedings)."
The writ of summons was filed o…