MUSA DATTIJO MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The Appellant as plaintiff, by a writ of summons dated and filed on 26th July, 2006, commenced Suit NO.KB/HC/21/06 at the Kebbi State High Court against the Respondent as Defendant seeking the following reliefs:-
"1. A declaration that plaintiffs is the owner and entitled to peaceful enjoyment and quiet possession of that piece and parcel of land situate near new market, Birnin Kebbi, which was boarded from the east by Aliyu Chindo and from the west by Shagari, from the North by Aw'walu and from the south by Nepa High Tension line.
2. A declaration that the defendant's entry into the land in dispute which was boarded from the east by Aliyu Chindo and from the west by Shagari, from the North by Aw'walu and from the south by Nepa High Tension line situate near new market Birnin Kebbi constitute an act of trespass.
3. AN ORDER directing the defendant to vacate from the land by removing all the structures he illegally constr…