LAMIDI IGE & ALIMI ALABI V. ALHAJI GANIYU OLAYIWOLA FAGBOHUN & LASISI AKINOLA OGANLA (FOR AND ON BEHALF OF THEMSELVES AND OTHER MEMBERS OF OGANLA FAMILY)

ADEKEYE, JCA (Delivering the Lead Judgment): The cause of action in suit No 1/131/72 at the High Court of Oyo State, Ibadan Judicial Division coram Adeyemi J (as he then was) as extracted from the endorsement on the writ of summons filed on 29th March, 1972 and amended on 1st June, 1983, read as follows:-

(a) N2000, annually for use and occupation of the land in dispute, known as NW4/57 Lemomu Street Ekotedo, Ibadan from 1972 until possession is given up.

(b) The sum of N400 general damages for trespass committed by the defendants on the said land.

(c) An injunction restraining the defendants, their agents, servants and privies from committing any further acts of trespass on the land. The annual rental value is N40.00.

Both parties filed and exchanged pleadings. At the trial before the court of first instance, the plaintiffs, for themselves and other members of the Oganla family claimed ownership of the area and parcel of land verged red in the Survey Plan - CK/170C/72 admitted in evi…