UGOCHUKWU ANTHONY OGAKWU, JCA (Delivering the Leading Judgement): In an action before the Damaturu Division of the High Court of Yobe State in SUIT NO. YB/DT/HC/04/2021: MALLAM GONI SANI v. MALLAM ABDULLAHI ISIYAKA, the Respondent herein, as Claimant before the lower court, claimed the following reliefs against the Appellant who was the Defendant in the action:
“i. A declaration that the plaintiff is the person entitled to the grant of right of occupancy over the piece of land and the building there at Baban Tsangaya Na Goni Mamman Area, Damaturu.
ii. A declaration that the defendant is a trespasser into the parcel of land at Baban Tsangaya Na Goni Mamman Area, Damaturu.
iii. The sum of N5,000,000.00 (Five Million Naira) Damages for trespass.
iv. An order of perpetual injunction restraining the defendant, agents, servants or privies form further acts of trespass into the piece of land at Baban Tsangaya Na Goni Mamman Area Damaturu, Yobe State.”
The parties filed and exchanged pleadings a…