MODUPE FASANMI, J.C.A. (Delivering the Leading judgment): This is an appeal against the judgment of the Oyo State High Court of Justice in Suit No. HOY/15/2008 delivered on the 24th of May 2013.
The Respondent commenced this suit at the Oyo State High Court of Justice by filing his writ of summons at the Oyo Judicial Division sitting at Oyo. By the Amended Statement of Claim dated and filed on 3rd July 2009, the Respondent's claims as contained at pages 28-29 paragraph 19 of the record of appeal against the Appellant are as follows:
(a) The sum of two Million Naira being damages suffered by the Plaintiff as a result of the Defendant activities (i.e installing of Communication Mast) on the adjoining land by the Plaintiff situate at No. 87, Abiodun Atiba Road, Kosobo Area, Oyo, Oyo State of Nigeria resulting in the cracking of the Plaintiffs rooms walls (sic) in the Building.
(b) Order for the removal of the Communication mast being installed by the Defendant on the adjoining land of the P…