OBA JAMES ADELEKE (THE OLOGI OF OGI, HEAD OF OGI COMMUNITY) RUFUS ONI OLADIMEJI (HEAD OF OJUDO VILLAGE COMMUNITY IN OGI) SAMUEL ODESOLA MESACK ADERINSOYE (REPRESENTING OJUDO COMMUNITY, OGI) V. NAFIU ADEWALE LAWAL TIJANI ADEJINMI - ALIAS EGUNNLA MUSTAPHA ADISA IBRAHIM SANNI MUFUTAU OLADUNJOYE - ALIAS OLOWOLAGBA ILU BAMGBOYE WAHAB MUSHUDI TIAMIYU YISAHU IBRAHIM

AKA’AHS JSC (Delivering the Lead Judgment): This is an appeal against the judgement of the Court of Appeal, Ibadan Division delivered on 5 May 2004. The appellants are the plaintiffs in the substantive action while the respondents are the defendants in suit No. HRE/4/97 instituted and still pending before the Osun State High Court sitting at Ikire. The plaintiffs’ claims before the High Court as contained in paragraph 33 of the amended statement of claim are as follows:

“33. Whereof the plaintiffs’ claim against the defendants jointly and severally are as follows: N2,000,000.00 (two million naira) generaland aggravated damages for trespass, unlawful reaping and carrying away of the plaintiffs’ palm fruits since March, 1996 up to the date of this action without the consentand authority of the plaintiffs, harassment and humiliation by unnecessarily causing the arrest of members of Buberu village Community at Suberu otherwise known as Ojudo Village, Ogi town in Aiyedaade Local Governmen…