ALHAJI YAKUBU ABDUL LATEJU V. LUBCON NIGERIA LIMITED

UCHECHUKWU ONYEMENAM, J.C.A.: (Delivering the Leading Judgment): The appeal is against the decision of High Court of Kwara State, Ilorin delivered on 31st October, 2012. The trial High Court dismissed the Appellant's Claim in its entirety whereupon the Appellant has appealed against the judgment by filing a Notice of Appeal on 22nd January, 2013.

The Appellant as Claimant at the trial Court claimed as follows:

"(a). A declaration that the Plaintiff's family is the bona-fide or rightful owner of all that portion of land situate, lying and being at Opposite Masha Allau International Nursery and Primary School, Off Pipe line Road, Tanke, Ilorin covering an area of 700ft x 600ft in dimension.

(b). A declaration that the purported occupation of the Plaintiff's family land by the Defendant is illegal, null and void.

(c). A perpetual injunction against the Defendant, agents, servants or whoever that claims through the Defendant from further committing any act of further trespass on the said …