Judgment
ABUBAKAR MAHMUD TALBA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Katsina State High Court Funtua Division, delivered on the 18th of October, 2018 in suit No. KTH/98/2014. The appellants instituted an action against the respondent claiming the following reliefs as per the endorsement on the writ and statement of claim dated the 7th day of November, 2014. A.
A declaration that the defendant’s entry into the plaintiff’s land situate at Guga village of Bakori Local Government Area of Katsina State under a purported compulsory acquisition and subsequent allocation of same to individuals who started building temporary marked structures thereon without Notice of Compulsory Acquisition and Adequate Compensation first being made good to the plaintiffs, the rightful owners of the land as required by law constitutes willful trespass, unlawful, illegal, unconstitutional and a deliberate attempt to dives the plaintiffs the ownership and possession of their land. B.
An Order of perpetual injunction restraining the defendants, its agents, representatives, privies, or any other person or persons acting under its instructions as allottees or whatever they represent from further trespassing into the plaintiffs’ land situate at Guga village in Bakori Local Government Area of Katsina State C.
An Order on the defendants, its representatives, agents, privies or any person or persons acting under its instructions as allottees or whatever they represent to immediately remove and evacuate from the plaintiff’s land temporary structures being built thereon in the name of building a market for the community. D. An Order on the defendant to pay the plaintiff the sum of N10,000,000:00 only being general damages, aggravated and exemplary damages for the defendants willful trespass into the plaintiff’s land situate at Guga village in Bakori Local Government Area of Katsina State.
OR ALTERNATIVELY TO PRAYERS B, C & D ABOVE E. An Order on the defendant for payment of adequate compensation to the plaintiff in the sum of N20,000,000:00 as required by law. F. The cost of filing this suit. The respondents were granted extension of time to file their statement of defence. The appellants called four witnesses to prove their case while the respondent called two witnesses. After the adoption of final written address by both counsels, the learned trial Judge delivered his judgment wherein he refused to grant any of the reliefs sought by the appellants, hence this appeal.
