ALHAJI HASSAN YAR'ADUA V. MR. SOLOMON U. MADUKA

JOSEPH EYO EKANEM, J.C.A.: (Delivering the Leading Judgment): At the High Court of the Federal Capital Territory, Abuja Judicial Division, holden at Abuja ("the trial Court" for short) the appellant (qua plaintiff) took out a writ of summons numbered Suit No.FCT/HC/CV/751/99 against the respondent and another person (qua defendants) and subsequently filed a statement of claim claiming the following reliefs:

"1, A Declaration that the Defendant trespassed on the property of the plaintiff lying and known as Plot 43 Lugbe 1 Layout- Abuja.

2. AN Order of perpetual injunction restraining the Defendants, their privies, agents and whoever claims through them from further acts of trespass.

3. The sum of N300,00:00 as special damages for the mischief done by the Defendants.

4. The sum of N10 Million as general damages for trespass."??

In response, the respondent and his co-defendant denied the claim and counter-claimed for;

"??1. A declaration that the defendants are in lawful possession of the said…