AMINA AUDI WAMBAI, J.C.A.(Delivering The Leading Judgment): This appeal is against the decision of Kaduna State High Court sitting at Zaria in suit No.KDH/Z/174/2004 delivered on 25th June, 2008 by M. L. Bello J., wherein the plaintiffs' (now Appellants) case was dismissed.
At the Lower Court the Appellants as plaintiffs claimed against the Respondents as defendants, as follows:
"(a) A declaration of title that the farmland and farm lying and situate at Kundu village along Birnin Gwari Road, Karatt, Karau District of Giwa Local Government of Kaduna State belong to the plaintiffs.
(b) A declaration that defendants trespassed into the plaintiffs land and destroyed plaintiffs farm on the 20/06/2004.
(c) Perpetual injunction restraining the defendants by themselves, their servants, agents, privies, representatives and whosoever claiming through them from trespassing, entering into and tampering the plaintiffs land, cultivating the land or to do any other thing whatsoever and in any manner…