MOHAMMED BABA IDRIS, J.C.A. (Delivering The Leading Judgment): By a writ of summons dated the 6th of December, 2012, the Respondent who was Claimant filed an action against the Appellant wherein he sought for the following reliefs:
1. A DECLARATION that the Claimant is the person entitled to statutory right of occupancy to all that parcel of land situate, lying and being at Tudun Wada Area in dispute between the Claimant and the Defendant.
2. A DECLARATION that the continued encroachment on the land in dispute by the Defendant is an act of trespass.
3. AN ORDER of perpetual injunction restraining the Defendant, his agents, privies, heirs or assigns from further encroaching trespassing or committing an act on the land.
4.The sum of N100,000.00 as general damages for trespass.
5. The cost of this action.
It was the Respondent’s case that he purchased a land at Tudun Wada Area, Zuru local Government of Kebbi State from one Dogo Rikoto for N36.00 sometime in 1972, in the presence of one Alhaji …