ALHAJI ALI MAINA V. ALHAJI YAHAYA ABDULLAHI

ITA GEORGE MBABA, J.C.A. (Delivering The Leading Judgment): This is an appeal against the decision of Hon. Justice G. I. Kurada of Kaduna State High Court in suit No. KDH/KAD/862/98, delivered on 27/5/2002.

Appellant was the defendant at the Court below and the Respondent herein the plaintiff. The plaintiff's claim was for a declaration of title to a plot of land at No. 9 Inuwa Dada West Extension, perpetual injunction N100,000.00 (One Hundred Thousand Naira) as general damages for trespass on the land. The Respondent had counter-claim for two million Naira (N2,000,000.00) against the plaintiff (Appellant) for damages done to his building, wall, fence and so on.

At the end of the trial, the Court entered judgment for the plaintiff and dismissed the counter-claim Appellant filed the Notice of appeal on 30/5/2002, as per pages 183 to 185 of the Records of Appeal, disclosing 5 grounds of Appeal as follows:

"GROUND ONE:

The learned trial judge erred in law when he granted a perpetual inju…