ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU, J.C.A. (Delivering the Leading Judgment): The Ekiti State High Court on March 7th 2016 by Hon. Justice C. I. Akintayo, delivered judgment in Suit No. HAD/60/2012, against the Appellant, (the Claimant at the Court below) and found in favour of the Counter-claim of the Respondent, (the Defendant at the Court below). In the main, the Appellant, his privies and servants were perpetually restrained from further trespass on the land in dispute which was declared as that of the Respondent. In consequence, this appeal was brought by the Appellant.
At the Court below, the following were the claims of the Appellant:
a. ₦1 million general damages for the various acts of trespass committed and still being committed by the defendant, his agents, servants or privies on the claimant’s land lying, being and situate at Odofin family land at Oke Eyelori, Ado-Ekiti.
b. An order of perpetual injunction restraining the defendant, by themselves, his agents, servants or p…