MOHAMMED BABA IDRIS, J.C.A. (Delivering the Leading Judgment): The Appellant herein appealed against the decision of Justice B. F. Zubairu of the High Court of Kaduna State, Zaria delivered on the 2nd day of May 2013.
The facts of the case leading to this appeal as adduced from the pleadings before the trial Court below are that the Appellants who were plaintiffs at the trial Court claimed against the Respondents as Defendants the following reliefs:
1. A DECLARATION that the Plot of Land lying and situate at Jushi Zaria bounded by Isa Hamza from the South and by Rakiya Hamza and Maryam Hamza from the North is the property of the Plaintiff which they inherited from their late father Mallam Hamza Mohammed Kwasau.
2. A DECLARATION that the Plaintiffs either by themselves, their agents, servants etc., have never sold the land in dispute to the Defendant.
3. A PERPETUAL order restraining the Defendant, either by himself, his agents, servants, privies, etc from trespassing or further tresp…