MR. KOLA ADEDEJI & ANOR V. OTUNBA SULTAN ABISOYE SEGUN ADEBAYO & ORS

STANLEY SHENKO ALAGOA, JCA (Delivering the Leading Judgment): In the High court of Justice Ibadan, Oyo state of Nigeria the present Appellants as plaintiffs took out a writ of summons against the present Respondents as Defendants jointly and severally claiming as follows:-

(a) N500,000.00 (Five Hundred Thousand Naira) special and general damages for trespass being presently committed by the Defendants on the Plaintiff's landed property lying and being at Mokola, Oyo Road, Ibadan covered by Deed of Assignment registered as No. 51 at page 51 in volume 3368 of the Lands Registry in the office at Ibadan.

(b) Perpetual injunction restraining the Defendants by themselves, their servant, agents and privies from further trespass on the land in dispute.

Pleadings were filed and exchanged by both parties.

Hearing which commenced with S. I. Yerima J. continued before M. O. Bolaji Yusuff J. By a motion on Notice dated the 21st October 2005, the 3rd Defendant as Applicant sought for the followin…