SHERIF AJASA & ORS V. MR. IDOWU ELEGBEDE & ANOR

HARUNA SIMON TSAMMANI, J.C.A.(Delivering the Leading Judgment): This appeal is against the judgment of the Ogun State High Court, sitting at Ilaro in the Ayetoro Judicial Division, delivered by H. O. Solanke, J on the 2nd day of December, 2011 in Suit No. HCT/194/2003.

The suit before the trial High Court was initiated by a Writ of Summons dated and filed on the 14/7/2003. This was followed by a Statement of Claim dated and filed the 26/01/2004. The said Statement of Claim was amended three times, with the last being the 3rd Amended Statement of Claim dated the 26/01/2004 but filed on the 19/5/2011 pursuant to the order of Court made on the 15/4/2011. By the said 3rd Amended Statement of Claim, the Plaintiffs who are now Respondents, sought the following reliefs:

(a) N500,000.00 as damages for trespass committed by the Defendants on the land of the Plaintiffs more particularly described as edged RED on Survey Plan Number OG/793/2003/06 drawn by A. O. Oyegbola, Licensed Surveyor.

(b) Perp…