ISAMOTU OKESOLA ASHIRU V. ADETOUN OLUKOYA

TABAI, JCA (Delivering the Lead judgment): The appeal is against the judgment of Ajileye, J. of the Ibadan Judicial Division of the High Court of Oyo State on the 30th March, 1987. The claim of the plaintiff/respondent contained in the writ of summons was:- “(1) A declaration that the plaintiff is the person entitled to a grant of the statutory right of occupancy to the piece or parcel of land situate at Sumbare Layout Ijebu Road Ibadan, Oyo State of Nigeria and is covered by instruments (1) dated the 13th day of February, 1958 registered as number 53 office of Ibadan (2) dated the 17th day of September 1969 and registered as number 33 at page 33 in volume 1153 of the Lands Registry in the office at Ibadan.

N5,000.00 being special and general damages for trespass committed on the said piece of land sometimes between July and August, 1984 by the defendant, his servants and/or agents. Injunction to restrain the defendant, his servants and/or agents or anybody claiming through or in tru…