ONNOGHEN JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, holden at Kaduna in appeal no. CA/K/110/1997 delivered on 14 December 1999 in which the court dismissed the appeal of the appellant and affirmed the decision of the Kaduna State High Court of Justice, holden at Kaduna in suit no. KDK/KAD/335/1994 delivered on 20 January 1997 in favour of the respondents who were the plaintiffs in the action. The action involves a piece of land measuring about 7 x 50 feet which adjoins plot No. A2, Ungwai Television, Kaduna.
The respondents took out a writ of summons against the appellantclaiming a declaration that the small piece of land, supra belongs to them, sixty thousand naira (N60,000.00) damages for trespass and injunction. Appellant counterclaimed for title and an order nullifying and invalidating the certificate of occupancy no. KDH/A/007143, two hundred thousand naira (N200,000.00) damages for trespass and an injunction. The trial c…