ADAMU & ORS V. KNUPDA & ANOR

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): Appellants filed this appeal against the judgment of the High Court of Kano State in Suit No. K/217/2009, delivered on 19th November, 2018 by Hon. Justice Usman Mallam Na’abba, wherein the learned trial Judge dismissed the claims of the Plaintiffs (now Appellants) for failure, saying that the Defendants were right to modify the statutory rights of the Plaintiffs to move them to a safer place; that Plaintiffs cannot maintain action for trespass against the defendants. 

At the trial Court, Appellants, as Plaintiffs, had sought the following reliefs: 

(a) A declaration that the Plaintiffs’ title to the plots covered by Right of Occupancy No. COM/2002/112 is valid and subsisting as against the Defendants or any other person, whosoever. 

(b) An order declaring the directive of the Defendants that the Plaintiffs shall move out of their premises as illegal null and void.

(c) An order of perpetual injunction restraining the Defendants …