This is an appeal from the decision of the Court of Appeal, Benin Division. The plaintiff who hereinafter shall be referred to as the appellant started this action in a customary court in Ado-Ekiti.

Later the case was transferred to Ado-Ekiti High Court. During the hearing of the case in the High Court the appellant amended his pleadings and claimed for the following reliefs:

The trial High Court considered all the evidence adduced before it, and in a considered judgment, the learned trial judge concluded as follows:

"I therefore award the plaintiff on leg (a) of the claim the sum of N5,000 as general damages against the defendant for trespass committed and still being committed by the defendant their servants, agents and privies on the plaintiff's land along Ado-Iworoko Road and known as Omosuo or Isegede or Eliju-Agbon or Olora farmland or Babalola land as shown in yellow on Exhibit "C".

I also order a perpetual injunction restraining the defendants, their agents, servants or privies from committing any order (sic) or further acts of trespass whatsoever on the said land shown in yellow on Exhibit "C".

As regard the third leg, the Certificate of Occupancy tendered as Exhibit "G" in this case, dated 5th July, 1983 and issued to, and in favour of Prince Kola Aladejana is hereby declared null and void as it was obtained dishonestly during the pendency of the plaintiff's case in court without the consent of the plaintiff who was in lawful possession of the piece of land to which the said document related".

Dissatisfied with the above decision, the defendant, who will be referred to as the respondent in this appeal, appealed to the Court of Appeal. where the appeal was allowed and the claims were dismissed.

The appellant has now appealed to the Supreme Court challenging that decision.