ABUBAKAR DATTI YAHAYA, JCA (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Niger State sitting at Bida in Suit No: NSHC/BD/31/2005 delivered on the 14th December, 2007 by Justice Tanko Yusuf Usman who granted all the reliefs of the plaintiffs/respondents. The claims at the lower court are as follows:
A declaration of this court that the fadama land known and called BATAKO being held in trust for the 1st plaintiff by the 2nd, 3rd and 4th plaintiffs belongs to the 1st plaintiff.
An order of perpetual injunction restraining the defendant, his agents, privies, servants, etc. from dealing or interfering with the 1st plaintiff's ownership and possession of the aforesaid fadama land.
The 2nd, 3rd, and 4th plaintiffs for and on behalf of their servants claim the sum of N500,000 from the defendant as general damages for trespass into the said fadama land and cost of rice harvested thereon without the consent and permission of the plaintiff.
A brie…