TAJUDEEN AMUSAN & ORS V. ALHAJI SADIKU SHOLATE OREBAJO & ORS

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal pertains to the decision of the High Court of Justice of Ogun State sitting at Sagamu in the Sagamu Judicial Division (the court below) adjudging the respondents owners of a parcel of land located at Orile Ijagba (Sotubo) Sagamu and awarding general damages of N10,000 in trespass to the respondents against the appellants together with an order of permanent injunction restraining the appellants from committing further acts of trespass in the disputed land.

The case in the court below centred on traditional evidence of ownership of the disputed parcel of land postulated by the respondents and the appellants respectively. The court below accepted the traditional history of the respondents. It found as a fact that the respondents as members of Odofin family own the disputed piece of land by devolution from their fore-fathers and entered judgment for them as persons entitled to a statutory right of occupancy over …