ABIODUN FAMUROTI V. MADAM S. AGBEKE

O. OLATAWURA, J.S.C. (Delivering the Leading Judgment): The Appellant in this appeal was sued by the Respondent in the Ibadan Judicial Division of the Oyo State High Court: The Appellant and the Respondent are referred to as Defendant and Plaintiff respectively. In the endorsed Writ of Sumrnons, the Plaintiff claims are as follows:

"The Plaintiff's claim against the Defendant is for the sum of N500. being damages for trespass committed by the Defendant sometime in August 1977 by damaging the Plaintiff's wall fence and erecting the defendant's own wall fence within the piece or parcel of land situate and being at Oriaje's Company, Oke Oluokun, Ibadan belonging to the plaintiff, by virtue of a Deed of Conveyance dated 7th of July, 1972 and Registered as No. 47 at page 47 in Volume 1410 of the Land Registry at Ibadan.

Injunction restraining the defendant, his agents, servants etc. from committing further acts of trespass on the land."

Both parties claimed from the same Oriaje family. I w…