NURENI OLALEKAN MAYA V. MOSES OWOLABI OSHUNTOKUN

ADEKEYE, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the learned trial Judge, Justice O. O. Adesina (as he then was) of the High Court of Justice Oyo State, Ibadan Judicial Division, in suit No. I/719/89 delivered on the 2nd of August 1995. The plaintiff, now appellant in this court, Nureni Olalekan Maya claimed against the defendant now respondent in this appeal, Moses Owolabi Oshuntokun, as contained in the writ of summons filed on the 18th of September 1989, and paragraph 28 of the statement of claim as follows:

Declaration that the Eleepo section of Maya family is entitled to a statutory right of occupancy to the parcel of land edgedred on Plan No. Kara/27/MSC/89 dated 27th September 1989 drawn by Adeniran Bioku licensed surveyor. N400 (Four Hundred Naira) only being damages for trespass committed and still being committed by the defendant in the area edged blue on Plan No. Kara/07/MSC/09/89 dated the 29th September 1989.

Perpetual injunction rest…