CHIMA CENTUS NWEZE. J.C.A (Delivering the Leading Judgment): The appellant herein was the plaintiff/claimant before the Kwara State High Court holden at Ilorin (coram Folayan J). Suing for himself and on behalf of the family of Muhammed Ayinla Olatundun Olateju of Magaji Abudu Family, Ilorin, he entreated the court (herein after referred to as the lower court) for the following reliefs against the respondent: declaration; order of nullification; injunction and damages in respect of a parcel of land covered by a Certificate of Occupancy and more accurately delineated in a Survey Plan attached to the said Certificate. The respondent counter-claimed against him for damages for trespass and for the destruction of her block fence.
Pleadings were settled and exchanged. They were, subsequently, amended and exchanged. Consequent upon the consummation of the amendments to the pleadings, the lower court heard the respective cases of the parties. In its considered judgment delivered on November …