OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Judgment of the Kaduna State High Court, Kafanchan Judicial Division, delivered on the 1st day of August, 2013 by Hon. Justice Luka D. Aba.
The Respondent, as Plaintiff before the lower Court, had sued 3 Defendants, the Appellant being the 1st Defendant, seeking the following reliefs:-
1. A DECLARATION that the Plaintiff is the owner and legal title holder of the piece of land situate at Kafanchan Government Layout dated March, 1929 approved by sgd. P. Lonsdale. Governor Northern Province and map showing Jema'a Local Government property boundary.
2. A DECLARATION that the Defendants and their agents, privies, servants, representatives or whatever name called are trespassers on the plaintiff's piece of land identified in 1(a) above.
3. A PERPETUAL INJUNCTION restraining the Defendants, their agents, privies, servants, representatives or whatever name called from:
i. Committing acts of tr…