MUHAMMAD IBRAHIM SIRAJO, J.C.A. (Delivering the Leading Judgment)
The Appellant claimed against the Respondent at the High Court of Lagos State, the reliefs hereunder:
(i) A declaration that he is entitled to the property known and situate at 38 Oladeinde Street, Aguda, Surulere, Lagos State.
(ii) An order or perpetual injunction restraining the Defendant by himself, his agents, servants, privies and assigns from further acts of trespass on the Plaintiff’s quiet enjoyment and possession of his property known and situate at 38 Oladeinde Street, Aguda, Surulere Lagos State.
(iii) The sum of N100,000.00 (One Hundred Thousand Naira Only) as general damages against the Defendant for the said acts of trespass.
Upon being served with the originating process, the Defendant, now Respondent, filed a Statement of Defence and Counter Claim. By his 2nd Amended Statement of Defence and Counter Claim at pages 169-179 of the Record of Appeal, the Defendant counter claimed against the Plaintiff as follows…