ALHAJI LIADI MUSARI MR. RAJI MUSARI SALAKO MUSARI NURENI LIADI SHAFARI LAMIDI (FOR THEMSELVES AND AS REPRESENTATIVES OF MUSARI ASHADE FAMILY) LAMIDI YUSUF (FOR HIMSELF AND AS A REPRESENTATIVES OF OMOSEKE ASHADE) V. MADAM AFUSAT BISIRIYU MADAM TIRI BISIRIYU MR. SALIU ALIU (FOR THEMSELVES AND AS REPRESENTATIVES OF BISIRIYU ASHADE FAMILY)

PEMU JCA (Delivering the Lead Judgment): The claim, the subject matter of this appeal was instituted by a writ of summons dated 21 November 1994.

In paragraph 23 of the amended statement of claim dated 15 April 2002, the plaintiffs (respondents in this appeal) claim from the defendants (appellants in the present appeal) the following:

“(a) A declaration that the piece or parcel of land on survey plan No. FF/41 7/U84 and being at Mawaola/Igbo-Elerin Town is the property of Bisiriyu Ashade family.

(b) A declaration that the plaintiffs are entitled to the grant of statutory rights of occupancy of the said piece or parcel of land described in (a) above.

(c) Possession of the land in dispute described in (a) above.

The sum of N100,000.00 (one hundred thousand naira ) damages for trespass and destruction caused to the farmland of Bisiriyu Ashade family.

A perpetual injunction restraining the defendants, their servants, thugs , agents, privies and assigns from trespassing and selling Bisiriyu As…