MAKANJU AKINYELE & ORS V. REV. JOHNSON ADEBAYO

SOTONYE DENTON WEST, JCA (Delivering The Leading Judgment): This is an appeal against the judgment of Hon. Justice A. O. Odusola of Ondo State High Court of Justice delivered on the 16th day of July, 2012 wherein the court granted all the reliefs sought by the plaintiff now Respondent. At the trial court, the Respondent had commenced an action against the Appellants claiming the reliefs below:

a. A declaration that the plaintiff is entitled to the customary right of occupancy over a piece or parcel of land situate, lying and being at Balorunduro, Ijoka Farm, Off Abusoro Road, Akure Ondo State which is bounded as follows: 1st side by High Chief Moses Adewole Adebayo's land, 2nd side by the existing road, 3rd side by late Samuel Adebayo's land and 4th side by Sunday Agbomo's Land.

b. The sum of ₦500,000 being the general damages for various acts of trespass committed by the defendants on the said land.

c. Perpetual injunction restraining the defendants, their agents, privies and anybod…