SUNDAY OLOGUN V. JOHNSON FATAYO

KUDIRAT MOTONMORI OLATOKUNBO, KEKERE-EKUN, J.C.A, (Delivering the Leading Judgment): By his statement of claim dated 28/11/97 filed before the High Court of Ondo State, Akure Judicial Division, the respondent herein, as plaintiff, sought the following reliefs against the appellant as defendant:

1. "For the recovery of the sum of N500,000.00 as general damages for trespass committed and it is still being committed on the plaintiffs piece or parcel of land situate and being along Agunla Street, Iju, Ondo State and which is particularly described and verged RED on Survey Plan No. AB/OD/92/808.

2. Perpetual injunction restraining the defendant, his servants and or agents from committing further acts of trespass on the said piece or parcel of land."

The parties duly filed and exchanged pleadings. The respondent testified on his own behalf and called one other witness. He tendered exhibits and closed his case on 27/5/03. The case was then adjourned for defence. The court could not sit on th…