MR. MICHAEL BAMIDELE V. MR. DAVID ODETAYO

OKUNOLA, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Kwara State holden at Omuaran presided over by Orilonishe J., of the delivered on 11/2/92.

The facts of this case briefly put are as follows:-

The appellant’s predecessor, Oba Olayiwola Omiyale was dragged to the High Court of Kwara State, Omu-Aran by the respondent herein, Mr. David Odetayo who claimed as follows: “1. A declaration that the plaintiffs are entitled to the possession of land situate and being at Iji-Isin, in Irepodun Local

Government Area of Kwara State, more particularly delineated and verged red in the plan No. SOS/KW90/72/K filed with this writ. The plaintiff claims against the defendant the sum of N4,000.00 as special damages and the sum of N1,000.00 as general damages for trespass committed by the defendant, his servant, and or agents on the plaintiff’s land more particularly delineated and verged green in the plan attached with this writ. A perpetual inju…