IDRIS OLOYEDE ASANIKE V. MRS. OJUOLAPE AKINLEYE & ANOR

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Oyo State High Court, presided over by S. Olu Akinola, J, sitting at Ibadan. The Appellant was the Plaintiff before the trial court while the Respondents were the defendants in an action instituted for trespass on a piece of land at Bioku village Akanran Ibadan and for injunction, while the respondents counter claimed for declaration, damages for trespass and injunction. The Appellant as plaintiff in the lower court claimed as follows:

"Whereof the Plaintiff claims against the defendants as follows:-

(a) N5,000.00 General damages for trespass committed on the land of the plaintiff at Emu village Akanran Road Ibadan more particularly shown and marked red in Plan No.LSAT/Y191 (Registered Surveyor).

(b) Perpetual injunction restraining the defendants their agents, servants or privies or any person claiming through them from committing further acts of trespass on the said land.

(c) Any …