KOPEK CONSTRUCTION LIMITED
V.
EKISOLA

TABAI, JCA (Delivering the Lead Judgment): In the writ of summons issued at the Ibadan Judicial Division of the High Court of Oyo State in December 1992 the plaintiff who is respondent herein claimed the followingreliefs:- “(1) The sum of two million naira being special and general damages for continuing trespass by the defendants into the plaintiff’s land situate at Ibadan/Lagos Express Way, Ibadan by wrongfully entering into the said land followed by the digging and carrying away soil, granite and gravel from the said land in disregard of plaintiff’s repeated protests and warning. (2) Injunction to restrain the defendants, their agents, servants and assigns from continuing the said trespass.” On the 25/3/93 the plaintiff was granted leave to amend the writ ofsummons and the amended writ was filed on the 31/3/93. The claim in the said amended writ reads - “(1) The sum of Twenty million Naira being special and general damages for continuing trespass starting roughly from June 1992 c…