NWALI SYLVESTER NGWUTA, J.C.A. (Delivering the Leading Judgment): This is an appeal from the Judgment delivered on 18th May, 2001 by the Okitipupa Judicial Division of the Ondo State High Court of Justice presided over by Obaremo, J.
Indorsed on the writ of summons issued on 30th September, 1999 are the plaintiff's two claims against the defendant:
"(a) Five Hundred Thousand Naira (N500, 000.00) only for trespass committed on the land of the plaintiff at Odelawe Igedege in Okitipupa Local Government.
(b) And perpetual injunction restraining the defendant and or his agent from further trespass on the said land."
The claims are also reproduced in paragraph 8 (a) and (b) of the statement of Claim as amended, dated 3rd May, 2000 and filed on 4th May, 2000.
The 9 paragraph statement of defence in which the defendant denied the plaintiff claims was dated and filed on 15/11/99. The plaintiff's reply to the statement of defence was dated 20/12/99 and filed on 30/12/99.
The plaintiff testified…