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FATIMA OMORO AKINBAMI, J.C.A. (Delivering the Leading Judgment): By a Writ of Summons and a Statement of Claim both filed on the 15th of May, 2007, the Appellant herein as plaintiff at the High Court of Ekiti State sitting at Ado Ekiti, Claimed the following reliefs:-
(A) A declaration that the Plaintiff is entitled to the statutory right of occupancy in respect of the land situated, lying and being at Moriri, along Ilawe Road, Ado-Ekiti.
(B) A perpetual injunction restraining the defendants from trespassing on the land surveying same without the consent of the Plaintiff.
(c) An injunction restraining the Defendant from bringing the second Defendant from trespassing on Moriri land and surveying same without the consent of the Plaintiff.
(D) The sum of N250,000.00 (Two Hundred and Fifty Thousand Naira only) being special damages for trespass on the afore said land by the Defendant.
The 1st Respondent as 1st Defendant filed a twenty (20) paragraphs Statement of Defence on the 8th of Oct…