NNAMANI, JSC (Delivering the Lead Judgment): My Lords, the plaintiff/respondent (hereinafter referred to in this judgment as respondent) filed a writ of summons in the High Court of Western State, Ibadan, against the defendant/appellant (hereinafter in this judgment referred to as appellant), claiming as follows:- “1. The plaintiff’s claim against the defendant is declaration of title to all that piece or parcel of land known as Plot 85,
Okeremi Layout, Atanbiolu, Mokola, Ibadan and particularly described and identified on the plan attached to a deed of conveyance dated the 20th day of March, 1956 and registered as No. 36 at page 36 in Volume 134 of the Lands Registry at Ibadan. 2. N500.00 being damages for trespass on the said land. 3. Injunction restraining the defendant, his servants and agents from further trespass on the said land.”
Pleadings were ordered, filed, and delivered. As some paragraphs of the pleadings are very pertinent to this appeal, I propose to set them down.
In pa…