<p>JEGA, J.C.A. (Delivering the Leading Judgment): The appellant as plaintiff instituted this action at the High Court of Kaduna State, Kafanchan Judicial Division on the 13/2/95 in suit No. KDH/KAF/5/95 asking for declaration of title over a plot of land measuring 100ft x 100ft, situated on the Kachia - Kaduna public highway bounded to the west by Camp Road, Sabon Gari Kachia, bounded to the east by a plot occupied and used by ECWA Health Clinic, Kachia and bounded to the North by plot No.1 Camp Road, Sabon Gari Kachia covered by certificate of occupancy No.KCH/A/000289 issued on 17/02/86 by Kachia Local Government of Kaduna State for both residential and commercial purposes. The appellant also asked for an injunction, special and general damages. </p><p> The respondent through his counsel filed a memorandum of conditional appearance on the 17/2/95 and subsequently filed a motion dated 15/8/95 praying the court to strike out the suit for want of jurisdiction as the same matter had been adjudic…</p>