CHIDI NWAOMA UWA, J.C.A.(Delivering the Leading Judgment): This appeal is against the judgment of M. O. Abodunde, J of the High Court of Ekiti State, delivered on 30th March, 2009. The respondent was the plaintiff before the trial court. The plaintiff's claim before the trial court is as follows:
i. " One million naira being general damages for trespass committed and still being committed by the defendant on plaintiff's land situated at Odunro family land off Iworoko Road, Ado - Ekiti covered by survey plan No. JAO/OD/223/95.
ii. An order of perpetual injunction restraining the defendant his agents, servants or privies from going to the said land or doing anything whatsoever on same."
The appellant as defendant also counter claimed against the respondent and prayed for the following reliefs:
a. "The sum of five million naira only as general damages for the continued act of trespass on defendant's land by the plaintiff which land is lying, being and situate at the Odunro family land of…