BABA ALKALI BA'ABA, J.C.A (Delivering the Leading Judgment): The plaintiff who is now the 1st respondent in this court by a writ of summons dated 9/10/97, instituted an action at the Kaduna State High Court of Justice, Kaduna, against the 1st and 2nd defendants, the 1st defendant is now the appellant and the 1st respondent's paragraph 23 of the statement of claim dated the 28th day of November, 1997, reads:
"23. WHEREOF, the plaintiff claims against the defendants jointly and severally as follows:
(1) A DECLARATION that the plaintiff is the legal and beneficial owner of the parcel of land situate and known as plot NO.2 Road one Marafa Housing Estate Kaduna, by virtue of the sublease of same to the plaintiff by the 2nd defendant.
(2) A DECLARATION that the 1st defendant's action in entering into and carrying on construction of structure on the said parcel of land, without the consent and authority of the plaintiff, is illegal and constitute trespass.
(3) AN ORDER of perpetual injunctio…