CHIEF OLANITORO ARUWAJU V. CHIEF ASHOJO OLOTU ASHARA

MOJEED ADEKUNLE OWOADE, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of Akintoroye J. delivered on 29th October 2012 at the High Court of Ondo State Holden at Owo.

By writ of summons and statement of claim dated and filed on 12th April 2010, the Respondent as plaintiff in the court below claimed against the Defendant Appellant as follows:

1. Declaration that the plaintiff is entitled to a certificate of statutory Right of occupancy on the land in dispute in this case with an area measuring approximately 123.420 sq. meters situate lying and being at Igboroko Street, Owo, Ondo State with detailed (sic) particulars contained in the Survey Plan No. OD/1255/2010/002 dated 13/01/2010 drawn by Mr. J.I. Olofinte Licensed Surveyor.

2. ₦500,000 as general damages for the act of trespass of the Defendant on the said plaintiff's land.

3. Perpetual injunction restraining the defendant by himself, his servants, agents and or privies or otherwise however called from …