G. A. OGUNTADE, JSC: (Delivering the Leading Judgment): The respondent was the Plaintiff at the High Court of Lagos State, Ikeja where in his Amended Statement of Claim dated 2-04-77, 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 27 Balogun Layout.
2. 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.
3. Injunction restraining the defendant, his servants and/or agents from further trespass on the land."
The parties filed and exchanged pleading after which the case was heard by Balogun J. On 6-01-87, Balogun J. gave judgment in favour of the plaintiff/respondent in line with this claim. The defendant/appellant was dissatisfied with the judgment and brought an appeal against it before the Court of Appeal, Lagos (hereinafter referred …