ALHAJI IBRAHIM T. AMINU V. MRS. ELIZABETH ONAOLAPO OGUNYEBI & ANOR

PATRICK IBE AMAIZU, J.C.A. (Delivering the Leading Judgment): The appellant herein was the 1st defendant in suit, KWS/50/98, presided over by Bamigbola, J., of the Kwara State High Court, sitting at the Ilorin Division of the court. In that suit, the 1st respondent herein, as plaintiff sued the appellant and one other, now the 2nd respondent, claiming the following reliefs:-

"(i) A declaration that the plaintiff is the rightful owner of the piece or parcel of land together with the uncompleted building, thereon which consists of a twin flats of 3 bedroom each, and fenced, situate lying and being at Olorunsogo area, behind Federal Secretariat, Fate, Ilorin, Kwara State of Nigeria.

(ii) A declaration that the 1st defendant has no right whatsoever to tamper with, develop, alter, enter into or do any other thing whatsoever on the aforesaid property.

(iii) A declaration that the roofing of the said property by the first defendant constituted an act of trespass by the 1st defendant on the p…