J. A. FABIYI. J.S.C. (Delivering the Leading Judgment): The appeals herein were filed by both sides of the divide against the judgment of the Court of Appeal, Ibadan Division delivered on 9th January, 2002. Therein, the appeal was allowed and the case was remitted back to the trial High Court, Ibadan for retrial before another judge.
The original plaintiff in his statement of claim, asked for:-
"1. N10,000.00 (Ten Thousand Naira) being damages for trespass when the defendant unlawfully entered the land in the possession of the plaintiff situate at Lagos- Ijebu Road, near Niger West Challenge Area. Ibadan sometimes in 1987 which trespass is still continuing.
2. Perpetual injunction restraining the defendant, his servants or agents from entering the land in dispute or from committing further acts of trespass thereon'"
In paragraph 27 of the Statement of Defence and counter-claim the defendant claimed against the plaintiff as follows:-
"(i) Declaration of Titleship/Ownership of the land…