ONU, J.S.C.(Delivering the Leading Judgment): By its Writ of Summons dated November 29, 1984 the respondent herein, then as plaintiff, sued the appellant who was the defendant, in the High Court of Kaduna State holden in Kaduna, for possession, damages for mesne profits and injunction. Appellant, among others, counterclaimed against the respondent in his Statement of Defence that:
"It be declare that the defendant's Certificates of Occupancy No. 004755 of 4/8/78 and No. 003434 of 11/12/78 are still subsisting."
The trial court (Coram S.U. Mohammed, C.J., as he then was, of blessed memory) after ordering pleadings and hearing the evidence of both parties, delivered its judgment in favour of the respondent to whom it accordingly granted only the reliefs for possession and injunction but not its claim for damages for trespass. For the appellant's claim in his counterclaim that "the two certificates of occupancy issued by the Zaria Local Government are still valid and subsisting" on the …