ALI ABUBAKAR BABANDI GUMEL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Kebbi State High Court delivered on 13th December, 2018 in Suit No. KB/ZR/HC/6CV/2014 per Shuaibu, J.
The Respondent herein was the Claimant at the High Court of Kebbi State (lower Court) in Suit No. KB/ZR/HC/6CV/2014. He sought for the following declaratory and injunctive reliefs against the Defendant/Appellant along, with another person called Gendi Koro, who died during the course of the trial before the lower Court. They are:-
“(a) An order of declaration that the claimant is entitled to the right of occupancy over the land in dispute described in paragraph 3 above the claimant’s statement of claim.
(b) An order of perpetual injunction declaring the defendant’s entry into the land in dispute without the consent of the claimant as an act of trespass.
(c) An order of perpetual injunction restraining the defendants by themselves, their privies, assigns and servants from en…