HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): This appeal challenges the decision of the High Court of Kwara State delivered by T.S. Umar, J on 18th April, 2012.
The appellant's claim before the lower court was for ownership of landed property situate at No. 89 AbdulAzeez Attah Road, Boboko, Ilorin, the sum of N500,000,00 damages for trespass and perpetual injunction restraining the respondent from committing further trespass upon the said property.
The respondent filed and successfully moved a notice of preliminary objection following which the lower court held that the appellant's action was statute barred and dismissed same in its reserved and considered ruling delivered on 18th April, 2012, which is the subject of the instant appeal.
One singular issue was raised from the two grounds of appeal by both parties and that is whether, from the materials placed before the lower Court, the appellant's action was statute barred.
The learned counsel for the appellant B.R. Gold…