M. E. OGUNDARE, J.S.C. (Delivering the Leading Judgment): By paragraph 23 of the amended statement of claim, the plaintiff (who is the respondent in this appeal) had claimed from the defendant, now appellant:
"23. Whereof the plaintiff's claim against the defendant is for a declaration that the plaintiff is entitled to occupation and possession of the farmland situate lying and being at Idi-Ogun village, Ife in accordance with native law and custom of Ife having been in lawful occupation and possession of the said land long before the Land Use Act.
The plaintiff also claims perpetual injunction restraining the defendant, his servants, agents or privies from further entry or trespass on the said farmland."
The defendant resisted the claim and filed a statement of defence which he subsequently amended. The matter went to trial at which the parties called witnesses. After learned counsel for the parties had addressed the court, the learned trial Judge Adeniran, J. in a reserved judgment …