SOTONYE DENTON WEST J.C.A., (Delivering the Leading Judgment): This appeal stems from the ruling of Honourable Justice Haliman Saleeman of the Kwara State High Court of Justice delivered on 3rd day July, 2009 striking out suit NO. KWS/148/2009 between Alhaji Tiamiyu Eleburuike, the appellant and Alhaji Akano Taiwo, the respondent on 18/1/2007. The appellant took out a writ of summons against the respondent. The claims in the writ of summons, are as follows.
1. A declaration that the claimant is the lawful owner of the piece or parcel of land situate directly opposite international Airport, Ogbomoso Road, Ilorin consisting of 356285 square metres covered by a certificate of occupancy NO KWS/0729.
2. A declaration that the entering unto the land by the defendant and his agent and making at cement blocks therein without the consent or authority of the claimant amount to trespass and is unlawful.
3. An order of perpetual injunction restraining the defendant by himself, agents, servants an…