ALHAJI RAUFU BAMIKOLE OKEGBEMI V. AYISATU AKINTOLA & ORS.

AUGIE, J.C.A. (Delivering the Leading Judgment): The Appellant and one other Plaintiff, who later died in the course of trial, instituted an action against the Respondents herein, at the Ibadan High Court of Oyo State, wherein they claimed as follows in their Statement of Claim -

(a) N20,000.00k (Twenty Thousand Naira) special and general damages jointly and severally against the Defendants for trespass committed by them on Plaintiffs' family land situate, lying and being at Okegbemi Village, Moniya Area, Ibadan on or about the 29th of January, 1990.

(b) An order of this Honorable Court restraining the Defendants, their servants' agents or privies from entering into the said land and committing further acts of trespass thereon.

Upon being served with the Statement of Claim, the Respondents filed a Statement of Defence and further Counter-Claimed for the following -

(a) A declaration that the 1st Defendant is the person entitled to be granted a statutory right of occupancy on all that…