AGBO JCA (Delivering the Lead Judgment): The appellant as plaintiff sued the respondent at the High Court of Oyo State, Ibadan Division and claimed of the respondent as per paragraph 16 of her statement of claim as follows: “(a) An order of injunction restraining the defendant, her privies, assigns, agents, employees, or any person howsoever called claiming through her from assumingpossession of shop No.R257, New Gbagi Shopping Complex, Ibadan.
A declaration that the plaintiff is the allottee of shop No. R257, New Gbagi Shopping Complex, Ibadan.
N15,000.00 (fifteen thousand naira) per day being loss of income or earning per day suffered by the plaintiff occasioned by the illegaloccupation of the shopNo. R257,Gbagi Shopping
Complex, Ibadan by the defendant.”
The respondent joined issues with the appellant in her statement of defence and counter-claimed in paragraph 29 thereof as follows:
“(a) The defendant prays the court to vacate the ex parte order dated 26th August, 1999 beingorder o…