HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A.(Delivering the Leading Judgment): The action before the lower Court was commenced in 2001 by Yusuf Mohammed Tudun Wuzirchi, as plaintiff, against his brother Alasan Mohammed Tudun Wuzirchi, as defendant, and his claims were for:
i. A declaration that both the Plaintiff and the Defendant are joint owners of the house situate at Tudun Wuzirchi Quarters in Kano Municipality Local Government Area of Kano State.
ii. A perpetual injunction restraining the Defendant from interfering with the Plaintiffs right to stay and occupy and peaceful enjoyment in the said house.
iii. Cost of the action.
The case of the plaintiff on the pleadings was that the defendant was his brother of same mother and that the property in dispute was situated in Tudun Wuzirchi and was bounded in the east by Shamaki, on the west by Mamuda, on the south by Shamaki and on the north by a road. It was his case that about forty five years ago their mother, Hajiya Rakiya, was the Jakadiya t…