TOBI, JCA (Delivering the Lead Judgment): This matter commenced from the Area Customary Court, Warri. It was for recovery of premises and perpetual injunction to restrain the defendant, his agents, tenants, workmen and/or privies from further acts of trespass to the land/premises situate at Ugborikoko village near Airport Road, Warri. At the end of the trial, the Area Customary Court gave judgment in favour of the plaintiff who is the respondent in this appeal. The court said at page 56 of the record:
“In view of our observations above and having given serious consideration to all the relevant facts, we hereby enter judgment in favour of the plaintiff against the defendant in the following terms:
(1) We hereby adjudge that the defendant shall surrender possession of the piece of land/premises lying and situate at Ugborikoko village, near Airport Road, Warri on or before 31st day of August, 1990.
(2) We hereby grant a perpetual injunction restraining the defendant, his servants, and/or…