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UWA JCA (Delivering the Lead Judgment): The appeal is against the judgment of the Oyo State High Court presided over by T. O. Adeniran, J sitting at Ibadan delivered on 26 July 1999.
In the trial court, the plaintiffs for themselves and on behalf of Oladipupo family commenced an action against the then sole defendant, now appellant in which the following reliefs were sought:
“(1) Recovery of that large piece or parcel of land lying, situate and being at Oladipupo village, Odo Osun near Christ High School, Oleyo via Odo Ona Elewe in Oluyole Local Government Area of Ibadan. Survey site plan to be attached to statement of claim.
(2) Declaration that the plaintiffs are entitled to statutory right of occupancy over the said piece or parcel of land in 1 above.
(3) Damages of ₦5,000.00 (five thousand naira) for trespass between 1984 to date and which trespass still continues.
(4) Damages of ₦3,000.00 (three thousand naira) for destroying 3,600 full grown cassava plants.
(5) An order of perp…