BA'ABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Delta State High Court, sitting at Effurun, presided over by Hon. Justice Omo-Agege, Chief Judge. By writ of summons dated 22/4/86, the plaintiff who is the respondent in this appeal, claimed against the defendant who is the appellant, as follows:-
(a) The sum of N20,000.00 being damages for acts of trespass (which are still continuing) committed by the defendant in that he, the defendant, wrongfully broke and entered upon the plaintiff's land situated at Ekpan (Bendel State of Nigeria) within the jurisdiction of this Honourable Court during the last six years.
(b) A perpetual injunction to restrain the defendant, his servants, agents and/or privies from committing and/or continuing the afore-said acts of trespass.
A Survey plan of the land in question may be filed later. The defendant has failed refused and/or neglected to stop his acts of trespass inspite of repeated warnings by the plai…