JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Ondo State delivered on the 19th December, 2011 in the Akure Judicial Division holden at Akure. Appellant was the Plaintiff in that court while the Respondents were the Defendants.
The claim of the Appellant was for the following:
(a) The Plaintiff's claim against the Defendants jointly and or severally is for the sum of N5,000,000 (Five Million Naira) special and general damages for trespass on the piece or parcel of land known as UDE situate, lying and being at Isinnigbo Junction on Layout Plan No. JOE/OD?85/420 on 11/12/85.
(b) Injunctions restraining the Defendants, Servants, Agents, Representative and or privies from further trespass on the land.
In a resume the case of the Appellant was as follows: The original owner of the land in dispute was his grandfather Falodun Aladeyiye. The Appellant was born on the land. He planted mango trees on the land. After the de…