TIJJANI ABDULLAHI (PJ), J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Honourable Justice Mahmud Abdul-Gafar (J), of Kwara State High Court, Ilorin, in Suit No. KWS/34/2008 delivered on 25/6/2010, whereof the learned Judge found for the Respondent (who was the claimant at the court below), and dismissed the counter-claim of the 1st Defendant, now Appellant.
At the lower court, the Respondent had claimed the total sum of One Million Naira (N1, 000,000.00) as general damages and N752, 000.00 special damages against the Appellant and 4 other defendants for alleged destruction of his property at Alagbado along specialist Hospital Road, Ilorin, Kwara State. The Appellant had denied the claim and rather counter-claimed for possession of the land, covered by the customary right of occupancy No. 1508 issued/granted by Ilorin South Local Government on 12/11/2006 declaration that he was bonafide owner of the land and an order setting aside the "Deed of agree…