VICTOR AIMEPOMO OYELEYE OMAGE, J.C.A. (Delivering the Leading Judgment): In the court below the Respondent in this appeal sued the Appellant by a writ of summons filed in the High Court Kaduna, Kaduna State, and claimed the following reliefs:
(a) An order that the defendant should render account of the proceed of the Land form in file No. KD. 1119 opened in July, 1990 in the plaintiffs name at Federal Capital Development Authority (Land Department) Garki Abuja.
(b) An order that the defendant should surrender the title documents in respect of land file No KD. 1119 opened in the name of the plaintiff sometime in July, 1990 at the Federal Capital Development Authority Land Department Garki Abuja."
At the hearing of the claim in the court below the Respondent called three witnesses, while the appellant called two witnesses to deny the plaintiff's claim, the court ruled in favour of the Respondent in the court below, the judgment in the said court is coram Donli J. The following was the s…