ALHAJI AHMED MUKTAR YUSUF V. ALHAJI MAMUDA MAIKANANZIR

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Kano State in Suit No K/447/06 delivered by Honourable Justice B. S. Adamu on the 11th of March, 2009. The action before the lower Court was commenced by one the late Alhaji Mukhtari Yusuf, the heirs of who are the Appellants in this appeal, as plaintiff, against the Respondent, as defendant. The said late Alhaji Mukhtari Yusuf died in the course of the trial before the lower Court and was substituted with the Appellants. The claims as contained in the statement of claim dated the 28th of November, 2006 were for:

i. A declaration that the plaintiff is the rightful owner of all that piece of land described herein.

ii. An order declaring that the action of the defendant of building a structure on the land was wrongful and amounts to trespass.

iii. An order of perpetual injunction restraining the defendant, their agents or privies from further trespassing …