ALHAJI ALIYU BALOGUN V. ALHAJI SHITTU LABIRAN

S. KAWU, JSC (DELIVERING THE LEADING JUDGMENT): The proceedings leading to this appeal were commenced in the High Court of Justice of Oyo State, Ibadan Judicial Division, Ibadan, on the 14th day of April, 1980. In that court, the respondent herein instituted an action against the appellant claiming as follows:-

"(a) ₦2000.00 damages for the acts of trespass committed by the Defendant and still being committed on the Plaintiff's land situate, lying and being at Labiran Compound, Labiran Ibadan which is more particularly shown on a plan to be filed later in Court.

(b) Injunction restraining the Defendant, his servants/agents and/or anyone claiming through or under him from committing any further act of trespass on the said land."

Pleadings were ordered, filed and delivered and the matter eventually came up before Ogundere, J. (as he then was). The plaintiff's claim was for damages for trespass which he alleged that the defendant had committed by demolishing his house. That claim was fu…