CHIEF SIMEON OLALEYE AWOYOOLU (SUBSTITUTED FOR SAMUEL OGUNLANA BY ORDER OF COURT DATED 31-10-94) MRS. SUSAN AJOKE BAKARE (JOINED AS A CO-DEFENDANT BY ORDER OF THE COURT DATED 10/2/97) V. SUFIANU YUSSUFF ARO (SUBSTITUTED BY THE ORDER OF HONOURABLE COURT DATED 3/7/97) FATAI LAWAL BAKARE (FOR THEMSELVES AND ON BEHALF OF ARO CHIEFTAINCY FAMILY)

OGUNTADE, JCA (Delivering the Lead Judgment) : The respondents were the plaintiffs at the Ikeja High Court of Lagos State where they claimed aqainst the appellants (as the defendants) for (1) Declaration of title (2) N200.00 damages for trespass and (3) Perpetual injunction. The claims were in respect of a parcel of land at Okunola village, Idimu in the Alimosho Local Government Area of Lagos State. The parties filed and exchanged pleadings. The plaintiffs relied on their 3rd amended statement of claim which was filed on 19-5-97 pursuant to an order of the lower court made on 10-2-97.

The defendants relied an their 2nd amended statement of defence and counter-claim filed on 30-10-97 pursuant to an order of the lower court made on 28-10-97. In their counter-claim, the defendants claimed for declaration of title, perpetual injunction, and N500,000.00 damages for trespass. These claims were said to be in respect of the land identified in paragraphs 5 and 18 of the 2nd amended statement …