MALAM ALI WAZIRIN GWANTU V. ISIYAKU SARKIN YAKI & ORS

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): Appellant was the plaintiff at the Court below. He filed the suit KDH/KAF/45/98 on 30/9/1998 against the Defendant - JIBRIN SARKIN YAKI (who later died and was replaced by the Respondents) claiming general damages for trespass, in the sum of N75, 000.00, and an order of perpetual injunction from further trespass into a parcel of land, located in North Western outskirt of Gwant Town, which he claimed. In his amended statement of claim, filed on 14/12/2004, the plaintiff claimed in paragraphs 9 and 10, as follows:

"... the sum of N75, 000.00 (seventy five thousand naira) only as general and punitive damages... perpetual injunction restraining the Defendant by themselves or land agents or privies or successors in - title form (sic) any further acts of trespass on the said farm land in dispute" (page 33 of the Records).

Appellant was in possession of the land, at the time of the dispute.

The Respondents, on the other hand, filed …