ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): The two Appellants were the 2nd and 3rd Defendants at the Kaduna State High Court in Suit No. KAD/488/94, which was instituted by one Alhaji Ali Gidado as plaintiff against the Appellants and the 2nd, 3rd and 4th Respondents in this appeal - who were co-defendant at the Court below. The 1st Respondent later substituted the said Alhaji Ali Gidado as Plaintiff upon his demise. At the High Court, the plaintiff (1st Respondent) had sought declaratory reliefs, a mandatory injunction, a perpetual injunction and one hundred Thousand Naira (N100,000.00) general damages, against the Defendants for trespass in respect of the piece of land consisting of 0.40 acre situate at Kaduna, in Kaduna North Local Government Area. The full text of the Plaintiff's claim at the Lower Court were:
a. DECLARATION that the Plaintiff is the lawful holder of Kaduna State certificate of Occupancy No. 10939, dated 26th August, 1990 and registered as No.123 …