ALHAJI KACHALLAH MUSTAPHA ALHAJI SABO ALHAJI BABA GANA V. ILIYA S. MSHELIZAH

NZEAKO, JCA (Delivering the Lead Judgment): At the High Court of Justice Borno State of Nigeria, the respondent in this appeal instituted suit no. M/8/93 as plaintiff against 4 defendants.

The 2nd defendant admitted the claim in writing. The other 3 defendants, viz 1st, 3rd and 4th defendants denied the claim. Bdliya, J., sitting at the Maiduguri Division of the High Court, on 8/12/96 delivered judgment in the said suit against them, after hearing the parties and their witnesses. The 3 defendants have appealed to this court. As set out in paragraph 13 of his statement of claim, the plaintiff had claimed against the defendants jointly and severally, the following reliefs:- A declaration of right of occupancy that the plaintiff is the holder of right of occupancy (sic) over the piece of plot measuring 100 x 100 feet situate at Bulumkutu South Maiduguri covered by sales agreement dated 26th March, 1992.

An order of perpetual injunction restraining the defendants their agents or privies o…