G. A. OGUNTADE, JSC (Delivering the Leading Judgment): The respondent in this appeal was the plaintiff at the Ibadan High Court of Oyo State, where on 2/12/1992 he issued a writ of summons against the appellant as the defendant claiming two reliefs which were set out in his 'Further and Further amended statement of claim' filed on 1/12/96 thus:
"1) The sum of twenty million Naira being special and general damages for continuing trespass starting roughly from June, 1992 committed by the defendants (sic) on plaintiff's land at Ibadan/Lagos expressway.
2) Injunction to restrain the defendants (sic), their agents, servants and assignees from continuing the said trespass."
The parties filed and exchanged pleadings after which the suit was heard by Adeniran J. In the judgment delivered by the trial judge on 30/5/95, the claims of the plaintiff were granted in their totality. The defendant before the trial court and now appellant in this court brought an appeal against the judgment of the tr…