ANDREW JOSEPH OKITO V. VINCENT EYETAN OBIORU

ADEREMI JCA(Delivering the Lead Judgment): In the court below,High Court of Justice, Delta State of Nigeria, holden at Effurun Judicial Division, the appellant who was the plaintiff had claimed fromthe respondent who was the defendant before that court, jointly and severally as follows: “(1) A declaration that the acts of the defendant constitute a trespass to the plaintiff’s land.

A mandatory order of interlocutory injunction restraining the defendant, his agents, servants, privy or any other person claiming through the defendant from further trespassing on plaintiff’s landuntil the hearingfinaldetermination ofthe motion on notice filed in this case. A mandatory order of perpetual injunction restraining the defendant, his agents, servants, privies or any person claiming through the defendant from trespassingthe plaintiff’s said land. The sum of twenty million naira (N20,000,000.00) only as general and special damages for trespass.”

The plaintiff/appellant had prefaced the reliefs sou…