MUNIRATU OGUNMAKINDE, HEZEKIAH JODA, MOSUDI SANNI & ASIRU RAIMI V. CHIEF DAVID AKINSOLA (FOR HIMSELF AND ON BEHALF OF AGBESE FAMILY)

AKINTAN, JCA (Delivering the Lead Judgment): The present appellants were the defendants at the lower court while the respondent was the plaintiff. The action was instituted at Abeokuta High court in Ogun State as Suit No. AB/215/90. The plaintiff instituted the action in a representative capacity on behalf of himself and on behalf of Agbese family. His claim was for declaration of title to a parcel of land situate, lying and being at Agbese Compound, Oke-Eri, Igbein, Abeokuta; N500 damages for trespass; and injunction restraining the defendants, their servants, agents and privies from committing further trespass on the land. Pleadings were filed and exchanged and the trial took place before Ogunade, J. The parties led evidence in support of their respective pleadings.

The plaintiff produced and tendered a survey plan of the land he was claiming (exhibit. A). He also tendered the statement of defence filed by the 1st defendant (now 1st appellant) in an earlier action instituted again…