ABDULLAHI JCA (Delivering the Lead Judgment): This appeal is against the decision of the Kwara State High Court, coram Folashade Ojo delivered on 21st November, 2002. The present appellant as plaintiff at the lower court instituted an action against the present respondents seeking for:- A declaration order: that the plaintiff is the rightful holder and possessor of all that parcel of land known as Nos. 25/27,Church road, Gaa-Akanbi, Ilorin.
A perpetual order of injunction against the 1st and 2nd defendants restraining them or their agents, servants or privies from further trespassing unto the land. 2. Special and general damages in the sum of N50,000.00 for unlawful trespass unto the plaintiff’s land.
The case proceeded to trial before the court below at the end of which, the learned Judge found in favour of the defendants/respondents and dismissed the action of the appellant. Dissatisfied with the judgment of the learned trial Judge, the appellant appealed to this court upon a notice…