S.M.A.BELGORE, JSC:- The plaintiff/appellant took out a writ claiming before the High Court of Oyo State, sitting at Ilesha in Ilesha Judicial Division,the sum of N25,000.00 from the defendant/respondent for the act of trespass on a piece of land at Osu by the defendant. He also asked for perpetual injunction against the defendant, his servants, agents, privies or anyone claiming through the defendant from any further act of trespass on the land.
The appellant based his claim on two premises, to wit, native law and custom, and on statutory Certificate of Occupancy granted him by the Governor of Oyo State on the same land on 27th day of June, 1983. The issues involved in the pleadings could be seen clearly by reproducing parts of the statement of claim and statement of defence:
Statement of Claim
(1)...
(2)...
(3) The plaintiff avers that on or about 16th day of January, 1978 he was granted a parcel of land at ARIKESE Street, along Ife/llesa Road, Osu by the Osu community.
(4) The pl…