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KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JCA: (Delivering the Leading Judgment): By a writ of summons dated 29/11/2000 the respondent herein as plaintiff instituted an action against the appellant before the High Court of Osun State, Osogbo Judicial Division for declaration of title, damages and injunction. By his Further Amended Statement of Claim dated 19/12/2001, he sought the following reliefs:
1. "Declaration that the plaintiff is entitled to the Statutory Right of Occupancy in respect of the piece or parcel of land situate, lying and being at Ansarudeen Community Grammar School, Oke Onigbongbo (otherwise called Onigigbongbo) off former Pauper Cemetery, Old Ikirun Road, Osogbo and more particularly described and delineated and edged RED in the Survey Plan No, OS/0823/2001/DISP/028 dated 8/3/2001 prepared by O.K. OLUOKUN Registered Surveyor.
2. The sum of N250,000.00 being general damages for trespass.
3. Perpetual injunction restraining the defendant, his agents or servants or a…