LABARAN FAGGE V. RAKIYA DALHA AMADU

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Kano State High Court in Suit No K/37/2007 delivered by Honorable Justice Tani Yusuf Hassan on the 29th of June, 2009. The Respondent commenced the action in the lower Court against the Appellant and her claims were for:

i. An order declaring the Plaintiff as the rightful owner of the plot of land the subject of this suit as against the Defendant and any other person whosoever.

ii. An order declaring the action of the Defendant of erecting a structure on the said plot as tantamount to trespass and wrongful.

iii. An order of perpetual injunction restraining the Defendant or any person claiming through or under him from further trespassing upon the said plot of land.

iv. An order for special and general damages for trespass and unlawful occupation in the sum of N1 Million.

v. Costs of this action.

The case of the Respondent on the pleadings was that she was the rightful owner …