OGWUEGBU, J.S.C. (Delivering the Leading Judgment): The plaintiff instituted an action against the defendant in the Benin Judicial Division of the High Court of the then Bendel State of Nigeria claiming the following reliefs:-
"(i) N50,000.00 being general damages for trespass committed by the defendant in or around 27th February. 1980, this year, on that piece or parcel of land verged pink which with that parcel of land verged green and encompassing it in the survey plan number MWC/815/80 filed herewith, is in the lawful and exclusive possession of the plaintiff.
(ii) An order of perpetual injunction to restrain the defendant, her servants, or agents or howsoever from committing trespass or further acts of trespass on the said land."
The case was heard on the pleadings filed and exchanged by the parties. The learned trial Judge Akenzua, J. found the defendant liable, awarded damages against her and granted an order of injunction restraining the defendant and her agents from further …