EKANEM JCA: (Delivering the Lead Judgment): The respondent took out a writ of summons against the appellant asdefendant at the High Court of the Federal Capital Territory, Abuja Judicial Division, numbered FCT/HC/CV/1317/2010.
In the amended statement of claim, the respondent claimed against the appellant as follows:
A declaration that the plaintiff is the holder and bonafide owner of plot 464, Kubwa Extension 11
Layout, Kubwa - Abuja.
An order of perpetual injunction restraining the defendant, his servant, agents, privies or whatsoever claiming through him from interfering with the plaintiff’s quiet enjoyment of his ownership and possessory rights over plot 464, Kubwa Extension 11 Layout, Kubwa, Abuja.
N5,000,000.00 (Five million naira) being damages for trespass being committed by the defendant over the plaintiff’s plot no. 464, Extension 11 Layout, Kubwa, Abuja.
N750,000.00 being the legal fee for prosecuting this matter.
N100,000.00 being the cost of this action.”
The appellant filed …