SOTONYE DENTON-WEST, J.C.A, (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice of Kwara State sitting in Omu-Aran in suit No. KWS/OM/11/2007, delivered by Hon. Justice A.O. Bamigbola, on 30/1/09.
The respondent instituted an action at the lower court, claiming against the appellant the following reliefs as contained in paragraph 15 a, b, c and d of the statement of claim thus:
a. the ejection of the defendant from the ECWA land.
b. general damages of One Million Naira for trespass committed and still being committed by the defendant.
c. perpetual injunction restraining the defendant from further trespass on the claimant's land.
d. such further or other order(s) as the Honourable Court may deem fit to make in the circumstances.
The appellant filed his defence and counter claimed, asking for the following declarations and order.
i. A declaration that the defendant is the rightful owner of the piece of land next to the claimant's new c…