CLARA BATA OGUNBIYI, JSC (Delivering the Leading Judgment): The appeal is against the judgment of the Court of Appeal Ibadan Division delivered on the 16th July, 2003 wherein the court below found in favour of the respondent who was the successful candidate at the court of 1st instance. The appellant was the defendant at the trial court with the respondent as the plaintiff.
The facts of the case culminating into this appeal are as follows:-
The respondent, as plaintiff before the High Court of Justice, Osogbo in suit No.HOS/12/97 claimed against the appellant as defendant for damages in trespass and perpetual injunction.
The plaintiff/respondents case on the one hand is that became vested with the title to the land in dispute vide a deed of conveyance registered as No/43/43/1502 of the lands registry in Ibadan. The aforesaid deed of conveyance which was executed in his favour by one Chief Timothy Dada (late) in 1973 was admitted in evidence at the trial court as Exhibit "A". The plain…