MR. OLAREWAJU AJAYI & ORS V. HON. GEORGE AKAWA & ANOR

PAUL OBI ELECHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Ekiti State High Court delivered by His Lordship Hon Justice C.I. Akintayo on the 19th day of December, 2014, granting declaration of title to the Respondents, the sum of N1million Naira for trespass and an order of perpetual injunction.

Dissatisfied with the aforesaid judgment, the Appellants with the leave of Court appealed against same on the 28th October, 2015 vide a notice of Appeal which contained four grounds of appeal as could be seen from pages 245-248 of the records.

FACTS OF THE CASE

According to the Appellant, the Respondents were the claimants before the trial Court claiming for declaration of title, damages for trespass and an order of perpetual injunction against the Appellants. The Respondents instituted this action for themselves and on behalf of Eesara family of Ado-Ekiti whilst the Appellants defended the said suit as representatives of Oniloda OkeEwi family of Irona qu…