ORJI-ABADUA JCA (Delivering the Lead Judgment): In the proceedings before the High Court of Kaduna State presided over by Hon.
Justice H.N. Donli in suit No. KDH/KAD/543/93, the respondent, being the plaintiff, thereat claimed as endorsed on his amended statement of claim thus: A “1. A declaration that the plaintiff is the rightful userand beneficial owner of the plot near Government Day Secondary School Sabon Tasha, Kaduna State measuring 100 x 100 known as Plot No.34, Romi Road lying at Sabon Tasha of Kaduna State and covered by certificate of occupancy No. 000953 of 21 September 1989 and at file No.117 at Page 117 Volume II at the Land Department of Chikun Local Government.
A declaration that the defendant’s use and occupation of the land in dispute is unlawful and illegal.
An orderthat the defendant shouldforthwith vacate and deliver up possession of the said land to the plaintiff. 4. A perpetual injunction restraining the defendant more particularly his agents, servants, privies …