ALHAJI SAFIANU AMINU, ALHAJI ABASI WALI & ALHAJI ISA (FOR THEMSELVES AND AS REPRESENTATIVES OF BALOGUN OSOLO FAMILY) V. ISIAKA HASSAN, CHIEF SUNMONU BAKARE & ALHAJI IBRAHIM DUROJAIYE (FOR THEMSELVES AND AS HEAD AND REPRESENTATIVES OF HASSAN KOMOLAFE FAMILY)

FABIYI JSC (Delivering the Lead Judgment): At the trial High Court of Lagos State, the plaintiffs who are respondents in this appeal claimed as follows:

(i) A declaration that the plaintiffs are the persons entitled to the grant of a Certificate of Occupancy in respect of the area of land measuring approximately 26.3276 hectares situate at Aiyetoro Village, Badagry, Lagos State and verged red on Survey Plan No. CD 223/74 dated 20 December 1973, prepared by C. Olu Dawodu, Licenced Surveyor.

(ii) N200,000.00 (two hundred thousand naira) damages for trespass committed by the defendants, their servants and agents.

(iii) An injunction, restraining the defendants, their servants and agents from continuing or committing further acts of trespass on the said land.”

The defendants, on being served with the statement of claim, filed their statement of defence which was accompanied by a counterclaim that reads as follows:

“(a) Forfeiture of the plaintiffs’ customary tenancy of the land in dispute …