OGUNTADE JSC (Delivering the Lead Judgment): The respondent was the plaintiff at the High Court of Lagos State, Ikeja where in his amended statement of claim dated 2 April 1977, he claimed the following reliefs: “1. Declaration of title in fee simple or alternatively, under Yoruba Native Law and Custom to that piece or parcel of land situate at Balogun Street, Ikeja known as Plot 17 Balogun Layout.
N2,490.00(two thousand, four hundred and ninety naira) being special and general damages for trespass committed by the defendant and/or his agents. Injunction restraining the defendant, his servantsand/or agents from further trespass on the land.”
The parties filed and exchanged pleadings, after which the case was heard by Balogun J. On 6 January 1987, Balogun J. gave judgment in favour of the plaintiff/respondent in line with his claim. The defendant/appellant was dissatisfied with the judgment and brought an appeal against it before the Court of Appeal, Lagos (hereinafter referred to as ‘…