<p><strong> UGO JCA (Delivering the Lead Judgment): </strong> This appeal is against the judgment of the Ekiti State High Court of 28 February 2013, delivered by J. E. Adeyeye J. in suit No. HAD/27/2007, wherein the said lower court entered judgment for the respondent.</p><p>Before the said court, the respondent, as plaintiff, by his 11 paragraph statement of claim dated 7 May 2007, claimed against the appellant, as defendant:</p><p>1. The sum of ten million naira (₦10,000,000), being general damages for trespass committed and still being committed by the defendant on the plaintiff’s land on Ilawe Ekiti Road, Ado-Ekiti.</p><p>2. A mandatory order compelling the defendant to remove immediately all the rubbles the defendant has piled up on the plaintiff’s said land.</p><p>3. Rediverting the Awedele Stream to its natural course.</p><p>4. A perpetual injunctive order, restraining the defendant, its agents, privies and servants from committing any further or other acts of trespass on the said land or doing anything whatsoever on it.</p><p>The appella…</p>