MSHELIA JCA (Delivering the Lead Judgment): Plaintiffs/ respondents filed an action in the Lagos High Court against the defendants/ appellants and by an amended statement of claim made pursuant to an order of court dated 6th January, 1997 claimed the reliefs in paragraph 39 as follows·:- “i. A declaration that the plaintiffs are entitled to the customary or statutory right of occupancy to the piece of land situate and known as Plot 407 (now numbered as 12), Community Road,
Igbari Village, Akoka, Lagos, which is more particularly described and delineated in survey plan No. MAL 64/78 dated 19th January, 1978. N565,800.00 being special and general damages for all the losses suffered by the plaintiffs from the trespass committed by the defendants in respect of the land in dispute. . Perpetual injunction restrainingthe defendants, their servants, agents or privies from committing further acts of trespass on the land in dispute.”
The defendants now appellants after beingserved with the amen…