GBADAMOSI ADEGOKE V. CHIEF NATHANIEL AGBOOLA ADIBI & ANOR.

I. L. KUTIGI, J.S.C. (Delivering the Leading Judgment): By paragraph 21 of the Statement of Claim, plaintiffs' claims against the defendant read thus:-

"(i) Declaration of a right of occupancy to that piece or parcel of land situate, lying and being at Ikoyi Road. Ogbomosho, verged yellow (less the area verged brown) in Plan No. AK 4679A dated 7th October. 1978.

(ii) N2.000.00damages for trespass committed by or with the authority of the defendant on the said land between 1967 and 1974.

(iii) Injunction restraining the defendant whether by himself, his servants, agents or any of them otherwise howsoever be restrained from committing any further acts of trespass on the land in dispute."

Pleading were filed and exchanged. At the trial each side led evidence to support its case.

The plaintiffs' case as pleaded in their statement of claim was briefly that a vast area of land lying and being at Ikoyi Road. Ogbomosho and verged red on the plan Exhibit B was granted jointly to the plainti…