MANGAJI, JCA : (Delivering the Lead Judgment) The appeal herein and the cross-appeal questioned the decision of Maina J. of the High Court of Nassarawa State, dated 6th February, 1998 in suit No. NSD/K11/97, the concluding paragraphs of which read as follows:-
“I accordingly enter judgment for the plaintiff and:-
Declare that the plaintiff is one entitled to the right of occupancy over all that parcel of land situate at new Nyanya, Gbagyi Karu Local Government Area of Nassarawa State, and that the defendants are trespassers.
I make an order of perpetual injunction restraining the defendant, their agents, privies and or servants from further act of trespass on the said land. As to the sum of N300,000.00 as general damages, I award the sum of N3,000.00 against 1st defendant only the 2nd defendant being an innocent purchaser.
On the N35,560.00 special damages, it is my view that having declared the plot as his with the development made by the 2nd defendant who is an innocent purchaser, it …