DENTON-WEST (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Lagos State No. ID/872/95 by his lordship Kekere Ekun J. (as he then was), delivered on the 16th day of February, 1999.
The appellants who were the plaintiffs in the lower court claimed in that court as per the statement of claim for: A declaration that the plaintiffs are entitled to the customary statutory right of occupancy to all that piece or parcel of land which part of the land is more particularly described and detailed on survey plan number LAT/3382/3380/L/82 and plan No. LAT/3381/L/82 and plan No. LAT/3382L/82 both dated 17th day of November 1982 drawn by one Ademola Ashipa a licensed surveyor, the land being at Okunola village, Egbeda now in the Alimosho local government area of Lagos State and which piece or parcel of land is known to the parties in this suit.
N5,000.00 being general damages for trespass committed by the defendants, their servants, agents and or privies o…