KEKU OLUSANYA V. MR. OSIBAMOWO

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal attacks the judgment of the High Court of Justice of Ogun State sitting at Sagamu dismissing the appellant's claim of N500,000 special and general damages for- trespass to land and for a perpetual injunction against respondent in respect of the land.

In summary, appellant sued the respondent on a writ of summons with a statement of claim seeking N500,000 special and general damages for alleged trespass by respondent and his agents, or servants, and privies on appellant's plot of land located along Ilishan/Odogbolu road in Ikenne Local Government area of Ogun State and a perpetual injunction restraining the respondent and his cohort from committing further/future acts of trespass on the land.

Upon the settlement of pleadings, the dispute went to trial. Appellant's evidence traced ownership of the Plot of land to inheritance from his forefathers; that the Federal Government of Nigeria Acquired the disputed stri…