GEORGE ADESOLA OGUNTADE, J.C.A. (Delivering the Leading Judgment): At the High Court of Abuja, the appellant was the plaintiff and the respondent was the defendant. The parties are hereinafter referred to by the same description they bore before the lower court. On 10th May, 2001, the plaintiff issued its writ of summons claiming from the defendant the following reliefs:
"1. A declaration that the plaintiff is the lawful allotee, owner or person with sufficient interest in the 3 bedroom flat known and addressed as house No.1,362 Road, FHA Estate Phase 111, Kubwa Abuja.
2. A perpetual injufnction restraining the defendant, his agent(s), servant(s), privy(ies) assigns(s) or anyone claiming through him or howsoever called from trespassing or howsoever interfering with the plaintiff's possession (actual or constructive) or any other, from the enjoyment of the flat described in (1) above".
On the same date it issued its writ of summons, the plaintiff filed an application on notice pursuan…