FATIMA OMORO AKINBAMI, J.C.A.: (Delivering the Leading Judgment): The Appellant herein filed his Writ of Summons and Statement of Claim on the 19th of January, 2006. An amended Writ of Summons and Statement of Claim were subsequently filed on the 14th December, 2006 with the following reliefs namely:
(i) A declaration that the Plaintiff and his Onisile family are entitled to a right of occupancy of the said Itagba Elebe farm in dispute.
(ii) The sum of Three Million Naira (N3,000,000.00) being special and general damages for the continuous trespass to the Plaintiffs family farmland, lying and situate at Itagba-Elebe farm, along Aramoko Road, Ijero Ekiti.
(iii) Perpetual injunction, restraining the Defendant, his agents, privies and servants from entering the Itagba-Elebe farm land, property of the Plaintiff and his family.
The Respondent as Defendant at the lower Court with the leave of Court filed a further Amended Statement of Defence and Counter-Claim dated 27th January, 2009 filed…