LASE FAJUKE (SUBSTITUTED FOR PA . S. A. FAJUKE) V. O.O. KUPOLUYI

TABAI JCA (Delivering the Lead Judgment): This appeal is against the judgment of Fawole J. of the Ilesha Judicial Division of the High Court of Osun State on the 9/8/1991. The claim of the respondent against the appellant was for:

“1A. The sum of N5,000.00 being general damages suffered by the plaintiff as a result of trespass committed by the defendant when in 1987 the defendant entered the land in the possession of the plaintiff along Ilesa/Osogbo road, Ilesa and started erecting a building thereon. B. The sum of N5,000.00 being general damages suffered by the plaintiff as a result of the nuisance committed by the defendant when in 1987/88 the defendant erected a building on the plaintiff’s land and blocked the plaintiff’s right of way to the land along Ilesa/Osogbo road, Ilesa and also failed to leave the necessary statutory road set back. 2. An injunction restraining the defendant, his servants, agents or employees from (a) further entry on the said land and (b) compelling the de…