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TUR JCA (Delivering the Lead Judgment): This appeal by the defendant is against the judgment of Hon. Justice Dije A. Aboki of the High Court of Justice, Kano, in Kano State, delivered on 31 March 2009 wherein the learned trial judge entered judgment in favour of the plaintiff/respondent in the following terms:
“1. A declaration that the plaintiff is the right owner of the said plot of land at Janguza. 2. A declaration that the defendant has no right whatsoever over the said property. 3. A perpetual injunction restraining the defendant from further trespassing into the said property. 4. N1,000,000.00 (one million naira) damages for trespass.”
Being aggrieved, the defendant appealed on 5 May 2009 on seven grounds raising the following issues for determination:
“1. Whether or not the lower court has jurisdiction to grant reliefs not sought by the respondent in his claims when it ordered as follows: The plaintiff is hereby declared as the rightful owner of plot No.127 situate at Janguza by…