MALLAM BUHARI MOHAMM ED (ALIAS BUHARI MUHAMMED ALIYU) V. ALHAJI M OHAM MED

MOHAM MED JCA (Delivering the Lead Judgment): This is an interlocutory appeal against the ruling of the Kaduna State High Court of Justice in suit No. KDH/KAD/667/99 delivered on 21-12-2001. The appellant who was the plaintiff at the trial court sued the respondent by a writ of summons dated 11-10-99 claiming title to a plot ofland measuring 100 feet by 50 feet known as No. M5 Unguwan Sanusi New Extension, Kaduna, perpetual injunction restraining the defendant from committing further trespass on the plot and N500,000.00 damages for trespass against the defendant who is now the respondent in this appeal.

After the exchange of pleadings between the parties, hearing in the matter commenced on 21-12-2001 when the plaintiff opened his case through his learned counsel by calling his first witness. In the course of the testimony of this witness, the certificate of occupancy in respect of the plot in dispute issued to the plaintiff by the local government was tendered through the witness and…