IBIKUNLE
V.
LAWANI & ANOR.
·
OKORO, J.C.A. (Delivering the Leading Judgment): The plaintiff, herein referred to as appellant, claimed against the defendant now respondent in paragraphs 18 (a), (b) and (c) of his amended statement of claim as follows:-
"18 (a) A declaration of title to the farmland lying, situate and being at Oba Ile which is covered by survey plan No. OS/0674/95/039
(b) An order of perpetual injunction restraining the defendant, their (sic) his privies, agents and servants from trespassing on the said land.
(c) The sum of N75,000 (Seventy-Five Thousand Naira) being special and general damages for acts of trespass committed on the plaintiff's farmland by the defendant".
The facts of this case indicate that there is a parcel of land situate at Oba Ile. Both parties are laying claim to it. The plaintiff is claiming the whole lot while the defendant maintains he owns half of the whole land.
The plaintiff surveyed the whole land which survey plan was received in evidence as exhibit P1. The defendant …