OKORO JCA (Delivering the Lead Judgment): The plaintiff, herein referred to as appellant, claimed against the defendant, herein referred to as respondent, in paragraph 26 of his statement of claim as follows:- “(1) A declaration that the plaintiff is entitled to a statutory right of occupancy in respect of all that piece or parcel of land situate, lyingand beingat No. 8, Lalubu Street, Ibara,Abeokuta, OgunState of Nigeria.
N100,000.00 (one hundred thousand naira) damages for acts of trespass committed by the defendant for going onto the land without any just or reasonable cause.
N100,000.00 (one hundred thousand naira) as special and general damages for maliciousdamage of the fence wall, crops and killing of 45 (forty-five) laying birds by the defendant on the land in dispute. (4) An order of perpetual injunction restraining the defendant by himself, servants, agents, privies and assigns from continuing any further acts of trespass on the plaintiff’s land”.
The plaintiff’scase asportra…