ADAMU JCA (Delivering the Lead 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 thoroughfare in the plaintiff’s farmland situate at Fauta village along Sabon Birni Road Kaduna without the permission/consent or authority of the plaintiff is unlawful and illegal.
A DECLARATION that the said acts of the defendant in creating a thoroughfare in the plaintiff’s farmland constitutes trespass and illegal encroachment on the plaintiff’s farmland. AN ORDER of injunction in perpetuity restraining the defendant, 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 of the record of proceedings).
The writ of summons was filed on 9/8/01 along with a m…