AUGIE JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Lekan Lajide J of the High Court, Ibadan, Oyo State, delivered on the 16th of December, 1988, wherein he granted the following orders in favour of the plaintiff, the respondent herein:-
(a) A declaration that the plaintiff is entitled to the statutory right of occupancy in respect of the land, situate, lying and being at Odinjo area, Ibadan, which is more particularly described on plan No. ESQ/68/87 dated 3/2/87 and which is admitted and marked exhibit A in this suit.
(b) Five thousand naira (N5,000.00) general damages for trespass committed by the defendant on the said land, and
(c) perpetual injunction restraining the defendant, his servants, agents, privies or anyone claiming through or under him from committing further acts of trespass on the said parcel of land.
Dissatisfied with the decision of the lower court, the appellant who was the defendant has appealed to this court on the sole ground of a…