JOHN INYANG OKORO, J.C.A. (Delivering the leading judgment): This is an appeal against the judgment of the Federal High Court, Kaduna in suit No FHC/KD/CS/67/2004 delivered on 17th June, 2005. At the Court below, the Respondent as Plaintiff, by an Originating Summons submitted two question for determination. These questions are:-
(1) Whether on interpretation of the survey Plan, KAD/81/11 (item Z 269), covering Gongola Road, Kaduna South, Kaduna, the plot of land occupied by tenants of the 1st defendant measuring 1.21 (1.205) acre or 0.488 hectare boundaries of which are marked by property beacons Nos Z. 9670, 2.9671, Z. 9677 and Z. 9678, having among other features, a wall fence, two gates, a semi-detached duplex, boys' quarters and two garages is plot 25 or plot 39 of the same Gongola Road, Kaduna South, Kaduna.
(2) Whether a plot 39 Gongola Road Kaduna South, Kaduna (a 'plot' which has no size, beacon numbers and boundary features also referred to as house No 39 of the same road) e…