OYEBISI F. OMOLEYE, J. C. A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice S. T. Hussaini of the kogi State High Court sitting in Ayingba delivered on 7th day of May, 2004 in
Suit No. AYHC/4/2002 wherein his Lordship dismissed the Appellant's claim, non-suited the counterclaim of the Respondent, but did not award damages to either of the parties.
The Appellant (as plaintiff) took out a Writ of Summons accompanied by a Statement of Claim and a Reply to the Amended Statement of Defence wherein it claimed from the Respondent (as defendant) the reliefs hereunder reproduced verbatim as follows:
"i, A declaration that by the auction sale conducted by M/S U.B.A. Plc. plaintiff is the beneficial owner of the property situate at No.5 Opposite GRA, Idah, covered by C of O No. 695 and a Deed of Legal Mortgage registered as No. 47 at page 47 in Vol. 1. Misc, at Lokaja, Kogi State Land Registry.
ii, An order of perpetual injunction restraining the defen…