DISU OLOMO V. SUNDAY APE

FATIMA OMORO AKINBAMI, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal by the Appellant - who was the plaintiff at the lower court, against the ruling of the Ekiti state High Court per J. O. Adeyeye J, delivered on the 13th of March, 2013. The facts which led to this appeal are as follows:

The Appellant as plaintiff in the lower court claimed against the respondent as defendant in his further amended statement of claim filed on the 17th of September, 2012 as follows:

(1) Declaration that the plaintiff's family is the one entitled to apply for a certificate of Statutory Right of Occupancy in respect of the entire Land lying situate and being at Oke Efon in Ado-Ekiti. The plaintiff shall file a composite plan.

(2) Fifty Million Naira (₦50,000,000.00) general damages for continuing trespass.

(3) Forfeiture of the Defendant's structure on the land in dispute.

(4) Perpetual injunction restraining the Defendant. His privies, agents, servants and anyone lawfully cla…