ALAO
V.
ALABI

OGEBE, J.C.A. (Delivering the Leading Judgment): The appellant sued the respondent in the Upper Area Court Omu-Aran claiming N2,500 as special and general damages for trespass and damaged pillars and beacons and an order of injunction restraining him, his servants, agents and privies from further trespass on the land. The matter had been fought up to the High Court of Justice of Kwara State, and a retrial was ordered. The present appeal arose from the decision arrived at in the retrial. The appellant gave evidence therefore before the Upper Area Court Omu-Aran and tendered the previous proceedings. He also called one witness Alhaji Jimoh Baba Ogidi. The respondent gave evidence on his own behalf and called 4 witnesses in rebuttal of the appellant's claim. The 'Upper Area Court dismissed the appellant's claim and he appealed to the High Court of Justice Kwara State sitting in Omu-Aran. That court heard the appeal and dismissed it. Dissatisfied with that decision, the appellant appealed…