ALHAJI ABBA KYARI KUMAGANAM V. MALLAM A. GONI KYARI ALHAJI GONI GAMBORU ALHAJI BASHIR ALHAJI SALEH YA FANTA ALHAJI TIJANI GALADIMA BABA FANNAMI THE ATTORNEY GENERAL, BORNO STATE

MUKHTAR, JCA (Delivering the Lead Judgment): In his statement of claim in the High Court of Borno State holden at Maiduguri, the plaintiff, who is now the appellant sought the following reliefs against the defendants:

A declaration that the piece of land, plots Nos. 12 and 14 of Plan Number BODP Baga Road, Maiduguri in the Industrial Area Layout Extension covered by Certificate of Occupancy No. BO/2934 issued by the Borno State Government in favour of the plaintiff is the property of the plaintiff to the exclusion of any other person. A declaration that the occupation of the said piece of land by the defendants positively and constructively respectively is wrong and illegal.

An order that all the defendants, their agents or anybody claiming from them to move away immediately from the pieceof land and remove all debris purportedly erected on the piece of land. A perpetual injunction restraining all the defendants, their agents or servants from acts of trespass on the said piece of land…