ALHAJI TAYI KUCHITA & ORS V. ALHAJI ABDULRAUF MOHAMMED

EJEMBI EKO, J.C.A. (Delivering the Leading Judgment): The Respondent herein was the Plaintiff at the High Court of Niger State sitting at Bida in the Suit no NSHC BD/11/2004 wherein he claimed against the present Appellant, as Defendants, the following reliefs, as per the Amended Statement of Claim at pages 56 - 59 of the Record:

1. The sum of seven million Naira (N7,000,000.00) being damages for trespass to the plaintiff's marshy land known as LAWO lying and situate at SOMMAN village in Katcha Local Government Area of Niger State for a period of seven years from 2002 - 2008 at (N1,000,000.00) one million Naira per Annum.

2. The sum of one million Naira (N1,000,000.00) for each subsequent year or any part there off till the trespass is abated.

3. Interim injunction restraining the defendants, their agents and anybody claiming on their behalf from further trespassing into the land known as LAWO till the determination of this suit.

4. Perpetual injunction restraining the defendant, the…