FOLORUNSO OLUSANYA V. ADEBANJO OSILEYE/OSINEYE

ONALAJA, JCA (Delivering the Lead Judgment): This judgment touches an unusual terrain of our land law of easement, with very few decisions in the Supreme Court and the Court of Appeal.

The plaintiff now appellant in this judgment claimed against the defendant named respondent in this judgment by his endorsed writ of summons issued against defendant/respondent by the High Court of Ogun STATE SHAGAMU JUDICIAL division holden in SHAGAMU as stated thus:-

“THE PLAINTIFF CLAIMS against the defendant:-

(1) Declaration that defendant has no right to erect a wall blocking the ACCESS WAY leading to plaintiff’s residence, lying and being at NOMEGUN QUARTERS, ITUN ISODO ODE REMO;

(2) N50,000.00 being damages for the erection of the said wall on the said access way by the defendant which erection has made it impossible for the plaintiff to gain access to the Highway and to the use and enjoyment of his said residence;

(3) N100,000.00 being damages for NUISANCE committed by the defendant when the de…