OGUNTADE, J.C.A. (Delivering the Leading Ruling): The appellant was the plaintiff at the Upper Area Court where he claimed against the respondent as the defendant for the following:
"(a) A declaration that the plaintiff is the rightful and exclusive owner of the property situate at and known as No. T45 A Laranto Village, Jos covering a total area of 0.012 hectares.
(b) A perpetual injunction restraining the defendant, his servant and/or agents howsoever from trespassing into or remaining in occupation of the aforesaid property.
(c) The sum of N4,000.00 being general damages for trespass."
The Upper Area Court on 12/10/88 gave judgment in favour of appellant asclaimed in his claims (a) and (b) above. A sum of N1,500.00 was awarded against the respondent as damages for trespass. On 11/9/91, the Upper Area Court, upon an application by the respondent, set aside the judgment it gave in favour of the appellant on 12/10/88. The appellant brought an appeal before the High Court, Plateau State in…