ENGINEER JIDE FATOKUN V. DR. BABAJIDE SOMADE & ANOR

ADAMU, JCA (Delivering the Lead Judgment): The facts of the caseleading to this appeal (as can be gathered from the appellant’s brief) are as follows: The claims of the defendant/appellant before the High Court of Oyo State holden at Ibadan were for:-

“(a) A declaration that the late Chief H.B.M. Somade (his executors, assigns and successors-in-title) is the person entitled to the grant of a customary right of occupancy in respect of the piece or parcel of land situate, lying and being at Block I, Plots 1, 4 and 5 Somade-Salami Layout near Islamic High School, Orita Bashorun Abaa Road, Ibadan, Oyo State, which land is part of a large tract of land covered by a Deed of Conveyance dated the 12th day of November, 1959 and registered as No. 7 at page 7 in Volume 353 of the Register of Deeds, Ibadan.

(b) The sum of N100,000 (One hundred thousand Naira) being damages for trespass in respect of the defendant’s unlawful entry into and building upon the said piece or parcel of land.

(c) An orde…