FASANMI JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Justice, Ogun State, sitting in Shagamu which was delivered on 12 December 2006.
The brief facts culminating in thisappeal are as follows: By paragraph 17 of the appellant’s statement of claim dated 22 July 2005, the plaintiff, now appellant before this court claimed against the respondents jointly and severally as follows:
The sum of five hundred thousand naira (N500,000.00) as special and general damages for the acts of trespass being committed on the landed properties of the plaintiff situate, lying and being atAkuro Umeji family land, Ogere-Remo, measuring eight plots of sixty feet by one hundred and twenty feet each (60 feet x 120 feet each) and bounded on the East by Alimi Isikalu Farmland; on the South by the road leading to the excavated borrow pit; on the West by excavated borrow pit and on the North by Alli farmland.
(2) An order of perpectual injunction restraining the def…