The appellant in this appeal was sued by the respondents in the Kaduna Judicial Division of the Kaduna State High Court. In the endorsed Writ of Summons, the respondents' claim are as follows: -
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1
A declaration that a small piece of land measuring about 7' x 50 and adjoining plot No. A2 Unguwar Television, Kaduna, is part of the said plot No. A2 Unguwar Television Kaduna.
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2
A declaration on that the defendant's entry into this small piece of land is an act of trespass.
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3
A perpetual injunction restraining the defendant and his gents from committing further act of trespass on the said piece of land.
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4
Damages in the sum of N60,000.00 trespass."
Pleadings were ordered, filed and exchanged. The appellant, who was the defendant at the lower court, filed his statement of defence and also counter-claimed. The counter-claim is as follows: -
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a
A DECLARATION that the defendant is the true and lawful owner/holder of the piece of land situate and lying at Guari Road adjoining the express road to Command secondary School, Television village, more particularly described in the sketch plan filed and annexed hereto as MAIN PLOT
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b
AN ORDER nullifying/invalidating the Certificate of Occupancy No. KDH/A/007143 or any Certificate of Occupancy obtained by John Agbalikwunu over the said MAIN PLOT same having been obtained by fraud and misrepresentation.
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c
A consequently order of perpetual injunction restraining the plaintiffs their agents, servants, privies and assigns from further trespassing on the defendants land MAIN PLOT); and
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d
GENERAL DAMAGES in the sum of N200, 000.00 (Two hundred thousand Naira) for trespass."
At the trial evidence was led by the parties. After review of the evidence and due consideration of the authorities cited, the learned trial Judge, Dalhatu Ja'afaru J. gave judgement in favour of the plaintiff (the respondent herein) and awarded the sum of N5, 000 as damages. He also granted perpetual injunction restraining the appellant and his agents from committing further acts of trespass. The trial Judge then dismissed the appellant's counter-claim because he had not adduced credible evidence as to root of title.
Aggrieved by this judgement, the appellant appealed to this court.
