CHIDI NWAOMA UWA, J.C.A.(Delivering the Leading Judgment): This interlocutory appeal emanated from the Ruling of the Kwara State High Court, delivered on the 4th day of November, 2010 by H. O Ajayi, J. In its ruling, the lower Court rejected a Land Agreement dated 1st July, 1970 in evidence for the reason that it was not registered, being a registrable instrument on the objection of the Respondent as the plaintiff. The Appellant (then defendant) who was unhappy with the Ruling appealed against same.
The background facts are that the respondent as claimant at the lower Court took out a writ of summons against the Appellant as defendant claiming the following reliefs:
"(i) The sum of N500,000.00 as damages for act of trespass committed on the piece of land belonging to the claimant, being lying and situate at Muritala Muhammad Way Ilorin covered by certificate of occupancy No. 671 dated 18th March, 1971.
(ii) INJUNCTION restraining the defendant by himself his servants, agents, privies and…