CHIEF OYELAKUN BALOGUN & ORS V. OLADOSU AKANJI & ORS

M. L. UWAIS, J.S.C. (Delivering the Leading Judgment):In this appeal the respondents were the plaintiffs in a suit which they instituted against the appellants as defendants in the High Court of Oyo State, holding at Ibadan. The plaintiffs' claims (as per their writ of summons) were jointly and severally against the defendants as follows

"(a) Declaration of statutory right of occupancy to all that piece and parcel of land situate lying and being at Olunloyo near Akanran Road, Ibadan bounded by Alawaye land, Allen land, Agbongbon land, Abegunde land and Bode Asha land respectively.

(b) N5,000.00 general damages for trespass

(c) Perpetual injunction restraining the Defendants, their servants, agents and privies from further trespass to the land. Annual rental value N300.00."

Pleadings were filed and exchanged between the parties, except that the 2nd defendant - Ganiyu Kolapo Adigun neither filed a statement of defence nor put up appearance at the hearing of the suit.

The plaintiffs' ca…