OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A.(Delivering the Leading Judgment): This is an appeal against the decision of Kano State High Court, delivered by Hon. Justice Usman U.M. Naabba on the 25th day of May, 2014. Dissatisfied with the decision, the Appellant appealed to this Court.
The facts leading to the instant appeal are that the 1st and 2nd Respondents, as Plaintiffs before the lower Court, filed an action against the Appellant, the 3rd Respondent and one Alhaji Bashir Wali, seeking by their Statement of Claim dated 12th December, 2012, certain declaratory reliefs in complaint against encroachment on their land situate at Plot No. 84B City Centre Kano, covered by Right of Occupancy No. LKN/RES/92/2237. As Plaintiffs, they alleged that the purported allocation of the portion encroached upon by the 3rd Respondent to the 2nd Respondent was null and void. They further contended that the purported revocation of the encroached part of the Appellants plot as a result of a judgment in Sui…