LADI ARIYO & ORS. V. ALHAJI JUBRIL ADEWUSI & ORS.

GALINJE JCA (Delivering the Lead Judgment): At paragraph 40 ofthe 3rd amended statement of claim dated 28 March 1994, the respondents herein who were the plaintiffs at the lower court claimed against the appellants. In this appeal as follows:

“A declaration that the descendents of Olaogbe and Sunmola

Gedengbe and relations of Sunmonu Akano are the persons entitled to a right of occupancy over the land verged red in plan number SBS/144/93Ldrawn by Sunday B. Saidi, licensed surveyor, and dated 12 May 1993.

The sum of N50, 000.00 (fifty thousand naira) as damages for trespass to the said land. A perpetual injunction restraining the defendants and other members of the Oke Ogbere family, whether by themselves, their servants and/or agents whomsoever from further trespassing on the said land verged yellow in plan number SBS/144/93L drawn by Sunday B. Saidi, licensed surveyor, and dated 12 May 1993.”

In response to the respondents’claims, the appellants filed a statement of defence dated 23 Ju…