UGO JCA (Delivering the Lead Judgment): This appeal is against the judgment of the Ekiti State High Court of 28 February 2013, delivered by J. E. Adeyeye J. in suit No. HAD/27/2007, wherein the said lower court entered judgment for the respondent.
Before the said court, the respondent, as plaintiff, by his 11 paragraph statement of claim dated 7 May 2007, claimed against the appellant, as defendant:
1. The sum of ten million naira (₦10,000,000), being general damages for trespass committed and still being committed by the defendant on the plaintiff’s land on Ilawe Ekiti Road, Ado-Ekiti.
2. A mandatory order compelling the defendant to remove immediately all the rubbles the defendant has piled up on the plaintiff’s said land.
3. Rediverting the Awedele Stream to its natural course.
4. A perpetual injunctive order, restraining the defendant, its agents, privies and servants from committing any further or other acts of trespass on the said land or doing anything whatsoever on it.
The appella…