FOLORUNSHO OLUSANYA V. ADEBANJO OSINEYE/OSINLEYE

STANLEY SHENKO ALAGOA, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Ibadan Division (hereinafter referred to as the lower court or the court below) delivered on the 26th April, 2001 which affirmed the judgment of Ademola Bakre J. of the Sagamu High Court in Suit No. HCS/21/91 delivered on the 28th February, 1996. In the said High Court, the present Appellant as Plaintiff took out a writ of summons against the present Respondent as Defendant, seeking the following reliefs:-

1. Declaration that the Defendant has no right to erect a wall blocking the access way leading to the Plaintiff's residence situate, lying and being at Nomegun Quarters, Itun Igodo, Ode Remo.

2. ₦50,000.00 being damages for erecting 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. ₦100,000.00 being damages for …