ADAMU, JCA (Delivering the Lead Judgement): The plaintiff/appellant (hereinafter simply called “the appellant”) instituted an action at the Oyo State High Court, Ibadan against the defendant/respondent (also hereinafter simply called “the respondent”) claiming for:
(i) A sum of One hundred Naira (₦100.00) being damages for trespass committed by (the respondent) on (the appellant’s) land at Olopeworoko near Ibadan Grammar School, Ibadan, Oyo State when he built a house on the land in dispute A sometime in 1995 and now lives therein.
(ii) An order of perpetual injunction restraining (the respondent), agents, servants and or privies from further entering on the parcel of land in dispute and which is shown on Plan No. KESH/OY/167/97/62.
On the above claims, pleadings were ordered, filed and exchanged.
The appellant filed a statement of claim and a reply to the statement of defence while the respondent filed a statement of defence. The case proceeded to hearing at the end of which learned coun…