OGUNTADE, J.C.A.: (Delivering the Leading Judgment): At the Yola High Court, the present respondent was the plaintiff. She claimed against appellant, as the defendant, for the following reliefs:
"(a) Perpetual injunction to restrain the defendant by himself, servants, agents, privies and all persons acting through him howsoever from continuing to enter into the said land to interfere with the work on the plaintiff's proposed building or committing any such further acts of trespass.
(b) The sum of N5,000.00 (five thousand Naira) only as special, aggravated and general damages arising from trespass."
The parties filed and exchanged pleadings after which the suit proceeded to trial. The plaintiff called four witnesses in support of her case. The defendant neither testified nor called any witness. Parties addressed court. On 25/4/91, Abba J. delivered judgment. He granted the plaintiff the two reliefs claimed by her as reproduced above.
The defendant was aggrieved by the judgment of the l…