JIMI OLUKAYODE BADA, J.C.A: (Delivering the leading Judgment): This is an appeal against the Judgment of the High Court of the Federal Capital Territory, Abuja in Suit No.-FCT/HC/CV/219/90 delivered on the 18th day of October 2004.
The Respondent as Plaintiff by an action commenced at the lower Court claimed against the Appellant who was the 1st Defendant as follows:-
"(a) The sum of N5 Million from the Defendants, jointly and severally for trespass committed on its plot at No. 505M/SC/319 Cadastral A2, Wuse, Abuja.
(b) A Declaration that the property belongs to the Plaintiff pursuance to their purchase at the premises of the High Court of Justice, Wuse, Abuja on the 23rd day of July 1993.
(c) An Order to restrain the Defendants from further interfering and disturbing the Plaintiff's occupation of the said plot."
The Appellant who was the 1st Defendant at the lower Court disputed the Plaintiff/Respondent's Claim, counter-claimed against the Plaintiff who was identified as 1st Defendan…