A MUHAMMAD JCA (Delivering the Lead Judgment): By their writ of summons dated 30th October, 1990, the respondents in the instant appeal commenced suit No. ID/2140/90 against the appellants at the Lagos State High Court. The claims by the former against the latter per their amended writ of summons are for: “(i) A declaration that the parcel of land delineated in plans Nos. LA/127/CA/88 and LA/144/LA/88 drawn by Ademola Ashipa belongs to the plaintiffs’ family. (ii) An injunction restraining the defendants by themselves, their servants or agents or otherwise howsoever from further acts of trespass on the said land.
(iii) The sum of N5,000.00k being damages for trespass committed by the defendants jointly and severally on the plaintiffs’ farmland on 12th October, 1990 by destroying the cassava, maize, tomatoes, okro, pineapples and kolanut trees cultivated thereon.”
The suit proceeded to trial at the end of which on 16th May, 2001 , the court reserved judgment till 27th of June, 2001. Ju…