DALHATU ADAMU, OFR, J. C. A. (Delivering the Leading judgment): This is an appeal against the judgment of the High Court of Lagos State, Ikeja judicial division in suit no. LD/1577/88 (Per A.J. Coker J) delivered on 18/4/2005. In the said suit (which was commenced by a writ of summons filed on 8/11/88) the respondent (as plaintiff) sued the appellant (as defendant) claiming (as per paragraph 15 of the supercedent (as statement of claim) as follows:
"15 WHEREOF Plaintiff claims:
(a) A declaration of title to the parcel of land lying situate and being at Oko-Oba, Agege, Lagos State measuring 1340.152 Square metres shown Oil survey plan No. JO204/82.
(b) N5, 000.00 (Five Thousand Naira) damages for acts of trespass committed by the defendant, his agents and/or servants; and
(c) Perpetual injunction restraining the defendant from committing further acts of trespass on the land. "- (See pages 4 - 5 of the record of appeal).
On the above claims, the defendant/appellant (hereinafter called t…