OGEBE, J.C.A. (Delivering the Leading Judgment): The appellant sued the respondents before an Ilorin High Court claiming in paragraph 13 of the statement of claim as follows:-
"whereof the plaintiff claim (sic) against the defendants the following:-
a. A declaration that the plaintiff is the occupier/holder of the said piece of land lying and situate at Ile-Olokotintin Ilorin.
b. Perpetual injunction restraining the defendants, their servants and agents from any act of trespass on the said land; and
c. One thousand Naira (N1,000.00) general damages for the said trespass."
The respondents in their statement of defence denied the claim and summarized their defence in paragraph 23 thereof as follows:-
"In further answer to paragraphs 13(a)(ii) and (iii) of the statement of claim, the defendants aver that the plaintiff is not entitled to the reliefs sought therein and that they are not in any way or manner liable to him in the sum of N1,000.00 or any other sum at all. Whereof, the defenda…