MALLAM YUSUF JIMOH MALLAM RAIMI ALAPARUN MALLAM YISA ALAPARUN V. MALLAM KARIMU AKANDE ALHAJI ISOLA ARE OGELE

AMAIZU, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the appellate session of the Kwara State High Court sitting at Ilorin in Ilorin Judicial Division. The judgment was delivered on the 27th day of October, 1998. The appeal was allowed.

The facts leading to this appeal as can be gleaned from the record of proceedings are as follows -

The appellants in this appeal were the plaintiffs at the Upper Area Court. Their claim against the respondents who were the defendants in the said court as stated by the 1st appellant is as follows -

“My claim before the court is that of trespass on my land lying at Jaaju Olosunde against the defendant.”

At the trial, the 1st and 3rd appellants gave evidence and called two witnesses. The 3rd appellant concluded his evidence-in-chief by enlarging the claim, as follows:- “I want the court to restrain the defendant and his people from trespassing on our land. I also want the court to give me our land. That is all.

The 2nd respon…