ALHAJI LAWAL ADETORO V. BURAIMO OGUNLEYE

MUKHTAR, JCA (Delivering the Lead Judgment): This respondent, who was a plaintiff in the then Oyo State High Court, sitting in Oshogbo, in a representative capacity for himself and Balogun family sued the appellant.

The dispute was over a land situate between Obedu stream and Iya-Oba stream in Offatedo. The plaintiff traced his family’s title to the land to one Ogunjimi, his grandfather, who was granted the land by Oba Atoloye on behalf of Balogun family of Offatedo, and his family (Balogun) has been in possession of the land for over one hundred years. According to the plaintiff, the Balogun family was in undisturbed possession until sometime in February, 1985, when the appellant unlawfully destroyed their crops. The plaintiff claimed as follows:- A declaration to a statutory right of occupancy in respect of all that piece or parcel of land situate, lying and being at between Obedu stream and Iya Oba stream in Offatedo. The sum of N500.00, being damages for trespass committed by the…