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JOHN AFOLABI FABIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment delivered by Ogunade, J. while sitting at the High Court of Justice in Ota, Ogun State of Nigeria on the 9th day of December, 1999. The learned trial judge found that the Respondent herein, as plaintiff before him, proved his claims except that relating to special damages and entered judgment in his favour.
The plaintiff's claims, as per his amended statement of claim at pages 21-22 of the record of appeal, read as follows:-
"(a) A DECLARATION that the plaintiff is entitled to the Statutory Right of Occupancy in respect of the piece or parcel of land lying, being and situate at along Lagos Abeokuta motor road, Sango Ota Ogun State and more particularly delineated on Survey Plan No. APAT/OG/174/1985 dated 20th November, 1995 drawn by A. B. Apatira, licenced surveyor.
(b) The sum of N50,000.00 (Fifty Thousand Naira) being special and general damages for trespass committed by the Defenda…