AMIRU SANUSI, J.S.C. (Delivering the Leading Judgment): This appeal stems from the judgment of the Court of Appeal, Ilorin division ("the Court below or lower Court" for short) delivered on the 2nd day of March, 2006 which upturned the judgment of the High Court of Justice, Kwara State (the trial Court) delivered on 7th May 2004.
The appellant herein as plaintiff, took a Writ of summons at the trial Court against the defendants, now respondents seeking the under listed reliefs:-
(a) A declaration that the plaintiff is the lawful owner of a parcel of land situate lying and being at Offa garage area, Ilorin the said land measures 699 ft by 303ft (35 plots) to the exclusion of the defendants or any other person(s)
(b) A special damages of N50,000.00 (Fifty thousand naira) being the cost of crops planted on the disputed land by the plaintiff and N50,000 being the cost of the economic trees which the plaintiff planted on the disputed land and same were uprooted by the defendants as at when th…