HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Kano State delivered in Suit No K/297/2012 by Honorable Justice Amina Adamu Aliyu on the 21st of May, 2014. The matter arose from a land dispute and the Respondent was the claimant in the lower Court and his claims were for:
i. A declaration that the Respondent is the rightful of Plot No 339 Rijiyar Zaki, Kano.
ii. A declaration that the Appellant had trespassed unto the Respondent’s land by unlawfully digging a foundation and commencing fencing thereof.
iii. An order of perpetual injunction restraining the Appellant, his privies, agents, assigns from further trespassing on the Respondent’s land and an award of N3 Million damages for the unlawful trespass on the Respondent’s land.
iv. Cost of the action.
The Respondent filed a statement of claim to adumbrate facts in support of the claims and the Appellant filed a statement of defence to contest the claims of …