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NONYEREM OKORONKWO, J.C.A. (Delivering the Leading Judgment): The appeal here under consideration arose from the judgment of Ayobode Lokulo Sodipe Judge of the Ogun State High Court delivered on 9/1/2001 wherein that Court found the appellant liable in damages for trespass to the respondent whose claim in declaration of title to right of occupancy, the lower Court had dismissed in the same judgment.
The appellant then appealed against the judgment by a Notice of Appeal filed 29/4/2008 upon leave of this Court of 15/4/2008. It was later superseded by an Amended Notice of Appeal filed 16/1/16.
A brief synopsis of the facts leading to the judgment and this appeal may be given shortly. The respondent in this appeal was the plaintiff at the lower Court and had sued the appellant claiming for declaration of entitlement to statutory right of occupancy of a piece of land situate at Olori Village Via Akute, Ogun State, damages for trespass and injunction.
From the statement of claim and his evide…