ONU JSC (Delivering the Lead Judgment): This is an appeal from the judgment of the Kaduna Division of the Court of Appeal (coram: Isa Ayo Salami, Victor A. O. Omage and Joseph J. Umoren, JJ.CA.) delivered on the 5th of December, 2000 in Appeal No. CA/K/10/99 wherein the learned Justices unanimously dismissed the appellant’s appeal against the judgment of Umaru Adamu J, of the Kaduna High Court. The action was commenced as Suit No. KDH/KAD/132/90 in the High Court with the appellant as the defendant while the respondent was the plaintiff.
The facts of the case briefly stated are that by his writ of summons contained on pages 1 to 3 of the record, the respondent claimed against the appellant for a declaration of title, an injunction and N10,000 general damages for trespass on the plot of land covered by statutory certificate of occupancy No. 8764.
The appellant for his part, filed a statement of defence in which he claimed that he was granted a customary right of occupancy over the pi…