FATIMA OMORO AKINBAMI, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of High court of Ekiti State delivered by Hon. Justice C. I. Akintayo, on 14th January, 2011, dismissing the Appellant's suit.
The Appellant then Plaintiff in his Amended Statement of Claim sought for the following reliefs against the Respondents who were then Defendants:
(i) Declaration that the Plaintiff is entitled to the Certificate of Customary Right of Occupancy in respect of a piece or parcel of land situate, lying and being at Abata farmland Ikoro Ekiti.
(ii) Five Million Naira (N5,000.000.00) being general damages for trespass which the Defendants committed on the said land sometime during the year 2002 and which trespass still continues.
(ii) A perpetual injunction restraining the Defendants, their servants or agents from committing further acts of trespass on the said land."
Pleadings were filed and exchanged. At the trial the plaintiff testified and called one witness. Th…