FATAI EGUNJOBI & ORS V. CHIEF SALISU OLUWO & ORS

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Ogun State High Court, Coram O. O. Olopade, J (as he then was) sitting at Abeokuta, delivered on the 19th day of April, 2010 in Suit No. AB/221/2001.

By Paragraph 96 of the Further Amended Statement of Claim and Plan, the Respondents who were Plaintiffs before the trial Court sought for the following reliefs:

1. A declaration that the Plaintiffs family (Orunmakinde Family) is entitled to a Customary Right of Occupancy to a piece or parcel of land situate, lying and being at Ijere in Egba Owode area of Obafemi/Owode Local Government area of Ogun State of Nigeria.

2. N25,000.00 damages for trespass committed by the Defendants by going on the area in dispute without the consent or permission of the Plaintiffs.

3. An Order of Injunction restraining the Defendants, their agents, servants and privies from committing any further acts of trespass on the said land.

Issues having been joined t…