OBADINA, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Borno State High Court delivered by Ogunbiyi J.
(as he then was) on the 6th of June, 1995. The appellant was the defendant, while the respondent was the plaintiff at the trial court. In paragraph 10 of the plaintiff’s/respondent’s statement of claim, the plaintiff/respondent claimed against the defendant/appellant as follows:-
“(a) An order directing the defendant to give up possession of the house and premises lying and situate at Zajiri Ward, Maiduguri and comprising of one room and parlour, one single room, one toilet and a veranda.
A declaration that the plaintiff has both title to and ownership of the said house and premises.
An order directing the defendant to pay to the plaintiff the sum of N1,000.00 (One Thousand Naira) only per month being the rent payable in respect of the house from November, 1992 , till the determination of this suit.
An order directing the defendant to pay to the plaintiff…