IGUH, J.S.C. (Delivering the Leading Judgment) : This is an appeal against the decision of the Court of Appeal, Ibadan Division dated 9th day of March, 1993 dismissing the appellant's appeal in a dispute concerning title to land situate at Ibadan.
The respondent, as plaintiff, had in the Ibadan Judicial Division of the High Court of Justice, Oyo State instituted an action against the defendant, who is now the appellant, claiming as follows:-
"1. The plaintiff's claim against the defendant is for the sum of N10,000.00 (Ten thousand Naira) being damages for trespass when the defendant unlawfully entered the land in the possession of the plaintiff situate at Lagos - Ijebu Road, near Niger West, Challenge Area, Ibadan sometime in 1987 which trespass is still continuing.
2. Perpetual injunction restraining the defendant, his servants or agents from entering the land in dispute or from committing further acts of trespass thereon."
The defendant, in his Statement of Defence, counter-claimed …