KATSINA-ALU, J.C.A. (Delivering the Leading Judgment): The appellant was plaintiff in an action instituted on the 19th day of November, 1986 in the Jos High Court wherein he claimed:
"(1) A declaration of title to the said Plot No. X20/1 Gangare, Jos.
(2) A perpetual injunction to restrain the defendant, his agents, servants from further trespass on or upon the said piece or parcel of land known as Plot No. X20/1 Gangare, Jos.
(3) Eight thousand Naira (N8,000.00) for special and general damages.
(4) Cost of this action."
Pleadings were ordered, filed and served and the matter came before Soluade J, for trial. After hearing evidence and submissions of Counsel, Soluade, J. delivered a judgment, finding in favour of the defendant. In the course of the judgment, the learned trial Judge said:
"My first observation is about the description of the land in dispute. The Plaintiff in his statement of Claim and in evidence referred to it as plot PX20/1 Gangare Jos, while the defendant in his st…