AMINA AUDI WAMBAI, J.C.A. (Delivering the Leading Judgment): This appeal is from the decision of the Kaduna State High Court sitting at Kafanchan delivered on 20/04/2009 in suit No. KDH/KAF/54/2006 by Hon. Justice Luka D. Aba wherein the learned trial Judge though declared title in favour of the Appellant, declined to grant the Appellant's reliefs of damages for trespass, order directing 1st Respondent to vacate the land and other injunctive reliefs.
The Appellant as the Plaintiff before the lower Court claimed against the Respondents as Defendants jointly and severally as follows:-
1. A DECLARATION, that the Plaintiff is the legal and rightful owner of all that parcel of land measuring 98.5 hectares located near Sabon Iche village in Kagarko Local Government of Kaduna State and covered by Certificate of Occupancy No.14885.
2. A DECLARATION that the Defendant particularly the 1st Defendant's entry into the Plaintiffs land and erecting illegal structures thereon is illegal and amount to t…