KATSINA-ALU, J.S.C. (Delivering the Leading Judgment): This is an appeal by the defendants from the judgment of the Court of Appeal dated 10 December 1993; whereby the Court of Appeal confirmed with some amendment the decision of the trial Ondo State High Court dated 19 April 1989. The trial court declared the grant of the land in question to the 1st defendant null and void but upheld the grant of the same piece of land to the plaintiff. He also awarded the plaintiff N1,000.00 as general damages for trespass.
The respondent was the plaintiff in the action. He sued the 1st defendant for the following reliefs:
1. Ten thousand naira (N10,000.00) being special and general damages for trespass committed by the Defendant on the plaintiff's piece or parcel of land which is situate lying and being at Okuta Elerinla Itamerin in Akure township.
2. Injunction restraining the Defendant, his servants, privies and/or agents from further acts of trespass on the said Plaintiff's land.
Originally th…