DAVID FABUNMI V. ABIGAIL ADE AGBE

A. O. OBASEKI, J.S.C. (Delivering the Leading Judgment): The appellant was the defendant to a suit instituted by the respondent as plaintiff in the Ikeja Division of the High Court of Lagos State. In the suit, the respondent claimed:

"(1) declaration of title in fee simple to all that piece or parcel of land situate, lying and being at Palm Avenue, Mushin, Lagos State and more particularly described on Plan No. LAT.648/L/77 attached to a Deed of Conveyance dated 19th August, 1977 registered as No.8 at page 8 in Volume 1648 of the Registry of Deeds at the Lands Registry, Lagos.

(2) N200.00 general damages for trespass to the said land,

(3) perpetual injunction restraining the defendant his servant and or agents from committing further acts of trespass to the said land."

Pleadings were filed and exchanged on the order of the Court and the appellant as defendant filed along with his statement of defence in paragraphs 24, 25 and 26 a counter claim as follows:

"25. The defendant countercl…