LT. COL. ABDULLAHI DAN ASABE & SHEHU SAGAGI V. ALHAJI IBRAHIM BABALE

MOORE ASEIMO ABRAHAM ADUMEIN, JSC (DELIVERING THE LEADING JUDGEMENT): The respondent was the plaintiff in Suit No: K/430/2000 which he instituted in the High Court of Kano State, holden at Kano. The appellants were the 1st and 2nd defendants in the trial Court, while the Commissioner of Police, Kano State and Arc. Emeka Maduka were the 3rd and 4th defendants, respectively. 

The suit was commenced by way of a writ of summons wherein were endorsed the following reliefs: 

“The Plaintiff’s claim is for: 

1. A declaration that the Plaintiff is the legal and lawful owner of that piece of property and appurtenances situate and lying along Malam Bakatsine Road Nassarawa Quarters, Kano covered by Kano State Certificate of Occupancy No. LKN/RES/95/2422. 

2. An order of perpetual injunction restraining the Defendants whether acting by themselves or their servants, agents assigns or whatsoever called from trespassing, continuing to trespass, entering, taking possession or erecting any structure on the prop…