AMINA AUDI WAMBAI, J.C.A. (Delivering The Leading Judgment): This appeal is from the decision of Kaduna State High Court in suit No. KDH/KAD/207/2001 delivered on 15th April, 2010 by E. Inuwa J. wherein judgment was entered for the Respondent against the Appellant and which also dismissed the Appellant's counter-claim.
At the Lower Court, the Respondent as the plaintiff claimed against the Appellants (as defendants) as follows:
"26. WHEREOF the plaintiff claim against the defendants jointly and severally, as follows;
1. The Honourable Courts' declaration that the premises W2 Ahmadu Bello Way, Kaduna is the property of the plaintiff having inherited same from the late father Ibeozimako, according to the Igbo native law custom.
2. An order ejecting the defendants from the premises W2 Ahmadu Bello Way Kaduna and handing over to the plaintiff a vacant possession of the stores/shops occupied by the defendants in the main premises.
3. A perpetual injunction restraining the defendants by t…