MURITALA AREMU OKUNOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal by the defendant/appellant against the judgment of Oye Iyanda, J., sitting at the High Court of Osun State, Ile-Ife in suit No. HIF/171/92 which was delivered on the 4th of December, 1996. The facts of this case briefly put were as follows:
The plaintiff/respondent's claim against the defendant/appellant was for N122,940.00 special damages for alleged conversion of her building materials to wit: sands, gravels and blocks (see pages 11-12 of the record of proceedings hereinafter referred to as the record).
The plaintiff claimed that the said building materials were deposited on her land between 1981-1984. She claimed further that the land measuring 120 ft x 100 ft was bought in 1976 from her vendor, one Kamoru Ayoade. She claimed further that she lost her title to this land via the Ile-Ife High Court judgment, (exhibit D2), in 1986 in which her vendor, Kamoru Ayoade was the defendant and one Oba Famodu…