UZO IFEYINWA NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the judgment of the High Court of Osun State delivered by Hon. Justice F. E. Awolalu on the 4th July, 2013. The Appellant as Plaintiff had filed the action against the Respondent as Defendant, and subsequently sought to discontinue same. In granting the application, the learned trial judge dismissed the suit and awarded cost of N100,000.00 against the Plaintiff.
The facts of the case can briefly be summarized as follows: the Plaintiff now Appellant, via a Writ of Summons dated 20th May 2002 claimed against the Defendants now Respondent as follows;-
1. The sum of N50,000 being general damages for trespass by the Defendants on the Plaintiff parcel of land situate lying and being at Kosere Village, along Ife-Ifewara Road, Ile-Ife.
2. Injunction restraining the Defendants, their servants, agents, privies and any other person claiming through them from further trespassing or entering the said land…