MARY U. PETER-ODILI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High court of Justice, Kaduna State holding at Kaduna coram: Honourable Justice G.I. Kurada on the 1st June, 2006. The Appellant who was 1st defendant in the action before that court appealed to this court on 6th June, 2006.
The Appellant was the 1st defendant in an action at the trial court in suit No. KDH/KAD/594/99 instituted by the 1st Respondent claiming a declaratory relief in respect of the plot of land measuring 50'x 100' lying, being and situate at 84 Unguwar Television, Kaduna, N100, 000.00 being general damages for trespass against the appellant, the 2nd, 3rd and 4th respondents jointly and severally and a perpetual injunction restraining the appellant and the Respondents from further trespass to the said plot of land.
The 2nd, 3rd and 4th Respondents in their joint amended statement of defence date d 24th January, 2005 and filed on the 28th day of January, 200…