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ODUYEMI, JCA (Delivering the Lead Judgment): The respondent in this appeal as plaintiff, caused a writ of summons to issue out of the Registry of Minna Judicial Division of the High Court of Niger State on 3rd September, 1992. By an amended statement of claim filed in the said Court on 16th November, 1993, he claimed as follows:- “A. A declaration of title to the piece of farmland lying at and situate along Tagwai Dam Road, near Miamasa farms which is more particularly delineated and marked verge red consisting of about 23.84 hectares in the survey plan attached to this statement of claim.
A perpetual injunction restraining the defendant, his agents, servants or privies from further acts of trespass into the said land.
N5,000.00 damages for trespass.”
At the trial, plaintiff gave evidence and called three witnesses. He tendered a Sketch Plan of the land in dispute, Exhibit 1.
Defendant, who is the appellant in this court, also gave evidence and called three witnesses. He too tendered a …