OJIKUTU & ORS V. KUTI & ORS

SAMUEL CHUKWUDUMEBI OSEJI, J.S.C. (Delivering the Leading Judgment): The Respondents as plaintiffs commenced an action against the Appellants at the High Court of Justice, Ikeja Division, Lagos State seeking the following reliefs:

"(i) Declaration that the plaintiffs are the owners under Yoruba native law and custom of the pieces and parcel of land situate, lying and being at Ewu Balogun, Ewu Abiye, Farmland, Igbogbo, Ikorodu Local Government Area of Lagos State and which is more particularly described in survey plan no. LAT/39/LA/2000.

ALTERNATIVELY

A declaration that the plaintiffs are the holders of statutory customary right of occupancy in respect of the land at Ewu Balogun, Ewu Abiye, Farmland, Igbogbo, Ikorodu Local Government Area of Lagos as delineated or shown on the Survey Plan No. LAT 139/LA/2000 made by Licensed Surveyor Ademola Ashipa dated 17th January, 2000.

ii. Sum of Ten Million (10,000,000) being special and general damages, for trespass committed by the defendants, to t…