Cookie Policy
MOHAMMED, J.S.C. (Delivering the Leading Judgment): This is an appeal from the judgment of Benin Division of the Court of Appeal in which it affirmed the judgment of Adeloye, J. (as he then was) of Ondo State High Court, sitting at Akure. The respondent, who was plaintiff at the trial High Court, took out a writ endorsed with the following claim:-
''The plaintiff's claim is N1,000.00 as general damages for trespass committed and still been (sic) committed by the defendant on the piece or parcel of land in possession of the plaintiff situate and being at and known as Plot 12 on Block XXI on Okuta Elerinla Residential Scheme Akure the same measuring approximately 966.58 square metres and particularly described on Plan No. AK 1373/OD attached to the Certificate of Statutory Right of Occupancy dated 16/11/79 and registered as 56/56/117 of the Lands Registry in the office at Akure and delineated by survey pillars No. CP225, CP227, CP231 and CP232 on the Survey Plan prepared by D.O. Akingbo…