OGBUINYA JCA (Delivering the Lead Judgment): Before the HighCourt of Kaduna State, presided over by Hon. JusticeAbdulkadir Othman, the respondent as plaintiff in suit No. KDH/KAD/313/03, sued the appellants, jointly and severally, claiming a declaration, orders, damages and injunction over a plot of land situate and known as plot E7, Kudenda Industrial Layout, Kaduna. The parties filed and exchanged pleadings.
From the processes filed, the facts of the matters are not complicated. The plot in dispute originally belonged to a company called Yakamata Multicom Ltd. The first appellant claimed that it purchased a strip of that plot, measuring 169.53m by 6m from the said Yakamata Multicom Ltd in July, 1999 because its underground pipes, which discharged waste products from its factory into Kaduna Rivers were buried therein.
On its part, the respondent claimed that it purchased the entire plot of land from the sameYakamata Multicom Ltd; in 2001, without the latter disclosing the earlier sal…