Respondent had sued the appellant in order to restrain the appellant and his agents from continuing to enter into the land in dispute to interfere with the work on respondents proposed building as well as N5,000 as special aggravated and general damages arising from trespass. Respondent had claimed that she bought the land from Alhaji Dan Bagudu in 1983 and the purchase was witnessed.

She then carried out acts on the land in preparation to building on it. Then in 1989 appellant started disrupting work on the land. It went to trial and the respondent testified and called witnesses to prove her claim. The appellant did not call evidence.

The trial judge granted the respondents claim. The appellant being dissatisfied with the said judgment, appealed to the court of Appeal