TABAI, JCA (Delivering the Lead Judgment): At the Ibadan Judicial Division of the High Court of Justice, Oyo State, the claim of the plaintiff/ respondent (hereinafter in this judgment simply referred to as the respondent) against the defendant/appellant (hereinafter simply referred to as the appellant) was for:-
“1. N10,000.00 (ten thousand naira) being damages for trespass when the defendant unlawfullyentered the land in the possession of the plaintiff situate at Lagos-Ijebu Road, near Niger West, Challenge Area, Ibadan sometimes in 1987 which trespass is still continuing. 2. Perpetual injunction restraining the defendant, his servants or agents from entering the land in dispute or from committing further acts of trespass thereon.”
And in paragraph 27 of the statement of defence and counter-claim the appellant claimed against the respondent as follows:- “(i) Declaration of Titleship/Ownership of the land verged red on Survey Plan No. RADS/OY/651/89 drawn by A.A. Adeyemi, Licensed Su…