DANIEL TAYAR TRANS ENT. NIG. CO. LTD. V. ALHAJI LIADI BUSARI & ANOR

ONNOGHEN, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Holden at Lagos in appeal No. CA/L/303/2000 delivered on the 30th day of June, 2003 in which the court dismissed the appeal of the appellant against the ruling of the High Court of Lagos State in suit No. ID/2321/94 delivered on the 18th day of December, 1998.

The respondents, as plaintiffs at the trial court instituted an action against the appellants claiming:

(1) A declaration that the plaintiffs are entitled to the statutory Right of Occupancy in respect of the land in dispute edged blue on the composite plan No. APAT/LA/428/1994 of 29th December, 1994.

(2) N200, 000 (Two Hundred Thousand Naira) being damages against the Defendants for trespass.

(3) Perpetual Injunction.

Pleadings were duly exchanged between the parties and the matter proceeded to trial in the course of which the appellant brought an application by way of summons on Notice filed on 31st July, 1998 pra…