NONYEREM OKORONKWO, J.C.A. (Delivering the Leading Judgment): The judgment from which this appeal arose was the decision of the Oyo State High Court of Ibadan delivered on 25th January, 2011 by E. Esan (Judge) wherein that Court granted the claims of the Plaintiff for declaration of title, damages for trespass and injunction.
The facts of the case are given in more elaborate details in the respondents brief which I adopt and herewith reproduce making exceptions for a few subjective commentaries.
"The respondent was the Claimant in the High Court where he claimed for declaration of title, damages for trespass and in injunction in respect of a parcel of land situate at Block 1, Plots 6, 7, 8 and 9 on Alhaji W.L. Latunji Layout, Along Idi-Ahun Road, Oke-Alaro, Ibadan covered by a Certificate of Statutory Right of Occupancy dated 12th August, 1988 registered as No.33/33/2861 at the Lands Registry, Ibadan.
The Claimants case is that sometimes in 1982; he bought a parcel of land containing 4 p…