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

PAUL ADAMU GALINJE, J.C.A. (Delivering the Leading Judgment): At paragraph 40 of the 3rd Amended Statement of claim dated 28th of March, 1994, the Respondents herein who were the Plaintiffs at the lower Court claimed against the Appellants in this appeal as follows:-

'1. 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/144/93L drawn by Sunday B. Saidi licensed Surveyor, and dated the 12/05/93.

2. The sum of N50,000:00 as damages for trespass to the said land.

3. 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 12/05/93'.

In response to the Respondents' claims, the Appellants filed a statement of defence…