4.
An order restraining the defendant, his servants, agents, assigns or any person whosoever from trespassing or interfering with the land covered by Certificate of Occupancy No. BO/12336.
5.
Damages from trespass to be assessed by the Court.
6.
Cost of the suit.
Before I proceed further in this judgment, it is interesting to note that the respondent herein and one Mohammed Ali had been parties in Suit No. M/187/1996 over the same parcel of land - the land in dispute in the instant. The respondent had earlier sued the said Mohammed Ali who had entered and claimed the land in dispute as his own on the ground that he had purchased same from the present appellant who had surrendered to him, the original title documents to wit: Certificate of Occupancy No.80/12336 purportedly granted and issued to the appellant by the Borno State Government.
The said action in Suit No. M/LS7/9G was heard and decided against the said Mohammed Ali, who then laid claim to the land in dispute, and he appeared. It was during the pendency of his appeal at the Court below in appeal No. CA/J/17/2004 that the instant appellant who had passed his title to the said Mohammed Ali, instituted the action, at the Borno State High Court, which culminated into the instant appeal.
At the conclusion of the trial before the Borno State High Court, the appellant's claims were dismissed. The Certificate of Occupancy - Exhibit C, held by the appellant was held to be void as there was in existence, a deemed right of occupancy over the same land in favour of the defendant, instant respondent.
Aggrieved, the appellant filed an appeal to the Court below and the said appeal was dismissed. The judgment of the trial Court was accordingly affirmed with costs awarded against the appellant but in favour of the respondent.
Further aggrieved, the appellant has appealed to this Court on seven grounds of appeal filed on 8/7/2011.