OKORO JCA (Delivering the Lead Judgment): The plaintiff, herein referred to as appellant, claimed against the defendants now respondents in paragraphs 18 (a), (b) and (c) of his amended statement of claim as follows: “18(a) A declaration of title to the farmland lying, situate and being at Oba Ile which is covered by survey plan No. OS/0674/95/039
An order of perpetual injunction restraining the defendants, their privies, agents and servants from trespassing on the said land.
The sum ofN75,000 (seventy-five thousand naira) beingspecial and general damages for acts of trespass committed on theplaintiffs’ farmland by the defendants.”
The facts of this case indicate that there is a parcel of land situate at Oba Ile. Both parties are laying claim to it. The plaintiff is claiming the whole lot while the defendants maintains he owns half of the whole land.
The plaintiff surveyed the whole land which survey plan was received in evidence as exhibit P1. The defendant surveyed his own portion aft…