SOTONYE DENTON-WEST, J.C.A. (Delivering the Leading Judgment): This appeal stems from the judgment of Honourable Justice I.O. Akeju delivered on 26th day of February 2008, in which the court granted the reliefs sought by the Plaintiff now Respondent.
The Respondent sought for the following;
A N100,000:00 (One Hundred Thousand Naira Only) general damages for Trespass committed and still being committed by the Defendant on the Plaintiff's land at Oke-Age street Ado -Ekiti.
1. A Perpetual Injunctive order on the Defendants, his agents, servant and privies from visiting the land or doing anything whatsoever on it.
The Appellant was discontented with the judgment and filed Notice herein under reproduced.
1. The learned trial judge erred in law by his failure to consider the implication of the plaintiff's claim that the plaintiff has put his title in issue and that to succeed, the plaintiff must prove the root of his title and his exclusive possession and that onus is entirely on the plain…