MR SAMUEL ONOMO FAKOYA & ANOR V. MR. KASIMU SEIDU IJELU

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Lagos State, Ikeja Division, delivered by B. A. Oke - Lawal J. on the 20th day of February 2007 in suit No. ID/3074/94 wherein the claimants claim was dismissed.

The Appellants herein for themselves and on behalf of Otugorishen family in Ikorodu had as claimants in the lower Court, vide an amended writ of summons and statement of claim sought the following reliefs against the defendants (now Respondents);

(1) A Declaration that the plaintiffs are entitled to a grant of Certificate of Occupancy under the Land Use Act in respect of the Land situate at 13 Ipebi lkorodu Lagos State.

(2) N100,000.00 damages for trespass.

(3) Perpetual injunction restraining the defendant from building, constructing any building or committing any further act of trespass on the said land.

(4) An order of forfeiture of the defendants customary tenancy in respect of the plot or parce…