MALLAM DAUDA ALHAJI AHMADU SABON FEGI BIYE (SUING ON HIS OWN BEHALF AND ON BEHALF OF THE FAMILY OF ALHAJI AHMADU ABDU) V. ALHAJI SALEH IBRAHIM BIYE

ABDU ABOKI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Kaduna State High Court of Justice sitting in Zaria, delivered on 19th April, 2007 by Binta F. Isah J. The Appellant was the Plaintiff at the Lower Court while the Respondent was the Defendant.

By a writ of summons dated 6th November, 2004 the Appellant instituted an action against the Respondent claiming the following reliefs;

1. "A declaration of title over a large piece of farmland situate to the eastern part of Biye by Ahmadu Bello University Teaching Hospital, Shika which the plaintiff's father had purchased from Ahmadu Hassan.

2. An order of perpetual injunction restraining the defendant by himself, his agents, servants, privies or any person acting on his behalf, howsoever from entering and or trespassing into the said farmland.

3. General damages in the sum of N100,000.00 for trespass.

4. Any other relief(s) the Hon. Court may consider appropriate to grant in the circumstance…