AYODEJI OLUSANYA METILELU V. CHIEF LASISI OLOWO-OPEJO (HEAD OF THE FAMILY) FATAI L. BAKARE (FOR THEMSELVES AND ON BEHALF OF THE OTHER MEMBERS OF THE ALAOFE FAMILY OTHERWISE KNOWN AS ARO CHIEFTAINCY FAMILY)

OGUNBIYI JCA (Delivering the Lead Judgment): Before Hon. Justice Adeyinka of the Lagos High Court Ikeja, the plaintiffs who are the respondents inthis appealchallenged the presence of the defendant/appellant over a piece of land situate, lying and beingat Okunola village Idimu in the Ikeja Local Government Area of Lagos State. At paragraph 21 of the plaintiffs’ statement of claim at page 7 of the record therefore, they claimed against the defendant as follows:-

Declaration that plaintiffs are the persons entitled to the grant A of a statutory right of occupancy in respect of all that parcel of land at Okunola Oduwole village and Isheri Idimu in the Ikeja now Alimosho Local Government Area of Lagos State which parcel of land is shown on plan No. LD/E.D/50/76 of 25/3/1976. A sum of N200.00 as damages fortrespass from the defendant , which trespass is committed by defendant, by himself, his servants, agents and/or privies.

An order of perpetual injunction restraining the defendant by him…