MUNTAKA-COOMASSIE JCA (Delivering the Lead Judgment):

This is an appeal against the judgment of the High Court, Ado-Ekiti, Ekiti

State of Nigeria, coram Bamisile J in which judgment is entered in favour of the plaintiff.

The respondent herein was the plaintiff, who on 13/9/2004 sued the defendant/appellant and claimed as follows:-

“(a) A sum of five million naira (N5,000.000.00) being damages for trespass committed and still being committed by defendant on plaintiff’s landed property at 4, IfelodunAvenue, Dallimore Area, Ado-Ekiti.

(b) A perpetual injunctive order restraining the defendant, his agents, servants, privies and howsoever, from committing any further or other acts of trespass whatsoever on the land and from going to the land for any purpose whatsoever.” The claim, in a nutshell, is for general damages for trespass and perpetual injunction. The defendant for one reason or the other was said to have refrained from defending the suit.

Before trial commenced in earnest, the plaintif…