MONICA BOLNA'AN DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment): This appeal challenges the decision of the High Court of Justice Oyo State holden at the Ibadan Judicial division. It was the Hon. Justice S. A. Akinleye J who pronounced the decision on the 10th of February 2011.
The suit of the Respondent as claimant was uncontested. The Appellant was the Defendant at the trial Court. The parties will respectively be referred to simply as Appellant and Respondent.
Upon the five (5) grounds of appeal filed which Notice is at pages 40, two issues were raised for determination. From the issues raised it is necessary to peruse the grounds of appeal which are hereby reproduced without their Particulars:
1. The learned trial Judge erred in Law in awarding general the sum of N5 million (Five Million Naira) as damages in favour of the Claimant/Respondent.
2. The learned trial judge erred in law in ordering the removal of the Appellants mast No. IBD/032/C.0000083 and generators from plot 3…