ADEKEYE JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Osun State High Court, Ile-Ife Judicial Division, delivered on the 11th of July, 2000. The plaintiff, Prince T. A. Ogunwusi and four others on behalf of other residents of Ojaja Community claimed against Madam Simbiatu Elusoji as follows:-
(a) N500,000.00 general and aggravated damages for unlawful obstruction of Ojaja Community private road behind and beside the Nigeria Police Barrack, Moore, Ile-Ife, by digging a septic and soak away pit, building a backhouse which protruded to the private road and a shed at the entry of the private road from Moore public road Ile-Ife, despite the plaintiff’s repeated warnings.
(b) An order removing and filling up the sceptic tank, soakaway pit, the shed and back-house which stretched to the plaintiffs private road immediately.
(c) Injunction restraining the defendant, privy, agent and anybody that may act on the instruction of the defendant from further obstru…