INSPECTOR KAYODE V. ALHAJI J. A. ODUTOLA

ONU, JSC (DELIVERING THE LEADING JUDGMENT): In the High Court holden at Ibadan Coram Ademakinwa, J., the appellant who was defendant, was sued by the respondent who was then the plaintiff, claiming from him (appellant) the following reliefs:

"(a) The sum of ₦1,200 being special and general damages in respect of continuing trespass committed by the defendant on the plaintiff land situate at Molete, Ibadan sometime in 1964.

Injunction restraining the defendant, his agents, servants or assigns from continuance of the aforesaid trespass."

After pleadings were ordered, filed and exchanged by the parties - the respondent having earlier sought leave which was granted for him to amend his statement of claim - case went to trial. The respondent gave evidence and called only one witness in support of his case while the appellant thereafter testified in support of his case and called five witnesses. Learned Counsel for either side addressed the court and in a considered judgment delivered on 16t…