RHODES-VIVOUR, J.C.A. (Delivering the Leading Judgment): In the High Court of Minna, Niger State of Nigeria the Plaintiff who is now the respondent instituted an action against the appellants who therein were the defendants claiming as follows:
(a) Declaration that the plaintiff is the rightful owner of the piece or parcel of land situate and lying at Egwa in Shiroro Local Government Area of Niger State.
(b)A perpetual injunction restraining the defendant, his servants, agents, assigns, privies from trespassing on the disputed land situate and lying at Egwa.
(c) Declaration that the defendant trespassed on the disputed land belonging to the plaintiff.
(d) N20,000 general damages against the defendant for trespass on the disputed land.
Pleadings were ordered in the Suit and were duly settled, filed and exchanged.
Learned counsel for the defendant raised a preliminary objection to the Jurisdiction of the High Court Minna trying the case on the ground that the land, the subject matter o…