CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment) The appeal is against the judgment of the Oyo State High Court, Ibadan, delivered by Hon. Justice M. A. Owoade on 8th October, 2003.
In the lower court the Plaintiff, now Appellant claimed against the defendant now Respondent as follows:-
"(a) Declaration that the Plaintiff is the person entitled to statutory/customary right of occupancy to all that four plots and parcel of land shown on the Layout Plan of Kelani Akanmu and lying being at Arinkinkin Village near Olodo along Ibadan/Iwo Road Ibadan to be clearly demarcated on a plan to be filed hereafter.
(b) N5,000:00 (Five Thousand Naira) general damages for trespass being presently committed on the said land.
(c) Perpetual Injunction restraining the defendant; by himself, his servants, agents and privies from committing any further trespass on the said land."
The learned trial judge dismissed the plaintiff's claim in its entirety as prayed in paragraph 18(a), (b) and (c)…