MR. TEKOBO OLORA V. ELDER SAMUEL ADEGBITE

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): In the High Court of Ondo State, Owo judicial division, the respondent herein as plaintiff on the 6th of November, 2002 instituted an action against the appellant by a writ of summons seeking the following reliefs:-

1. A declaration that the agreement dated the 13th day of January, 1989 made between Mr. Oni Adegbite and the defendant Mr. Tekobo Olora at Owo purportedly selling the plaintiff's cocoa plantation at Agbi camp, Usho, Owo to the defendant is illegal, unconstitutional, null and void and of no legal consequence.

2. An order of perpetual injunction restraining the defendant, his servants, privies, agents and any other person acting for, on behalf of and on the instruction of the defendant from committing further acts of trespass on the cocoa plantation belonging to the plaintiff and which is situate, lying and being at Agbi camp, Usho Owo.

3. The sum of N10 Million only as both special and general damages for th…