BULKACHUWA, JCA (Delivering the Lead Judgment): By a writ of summons dated the 30th day of April, 1998, the respondent as plaintiff initiated this action before the trial court and claims as per paragraph 13 of her statement of claim the following reliefs:- Declaration that the plaintiff is the owner/allottee of the plot covered by Certificate of Occupancy No. FCT/ABU/AN.2685.
Declaration that the plaintiff is entitled to immediate possession of the said Certificate of Occupancy. An order of perpetual injunction restraining the defendant from further trespassing into the said plot.
₦5 million general damages for trespass, alternatively ₦5 million general damages for waste.
The respondent testified as the PW1 and called no other witness and her testimony was to the effect that she married the appellant in 1976 in West Germany and they separated in 1993. That in 1990 she applied to the FCDA for a plot which application was approved and plot 327 Wuse II Abuja was allocated to her, but the…