CHIEF OLAYIWOLA AFOLABI V. MICHAEL K. OGUNLOWO PETER OGUNLOWO OLABODE OGUNLOWO (FOR THEMSELVES AND ON BEHALF OF OGUNLOWO’S FAMILY)

MUHAMMAD JCA (Delivering the Lead Judgment): The 1st respondent commenced action against the defendant at the Oyo State High Court seeking the following reliefs: “(a) N50,000.00k (fifty thousand naira) special and general damages for trespass committed by the defendant on plaintiff’s farmland lying and being atAlagutan Akinmoorin, Oyo State of Nigeria between the months of March 1995 and April 1996 and

(b) injunction restraining the defendant, his agents or privies from committing any further act of trespass on the said land.”

Defendant counter-claimed as follows:

“(i) Declaration that the defendant has a right to be granted a certificate of statutory right of occupancy in respect of all that piece or parcel of land verged red on survey plan No. FLS/

OY/D2/98 drawn, prepared and signed on 26 March 1997 by Chief Lara, registered surveyor and which piece or parcel of land is situate, lying and being at Alagutan, Akinmoorin and within a radius of six kilometers from the town centre of Oyo.

) …