MURITALA OLAGBEMISOYE & LADOYE YISA V. ABEL OYEBUNMI & MICHAEL ATOYEBI

ADEKEYE, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Ejigbo High Court of Justice, Osun State, delivered on the 5th of May 1995 in suit No. HEJ/7/92. The plaintiffs before the trial court, Abel Oyebunmi and Michael Atoyebi suing for themselves and the entire members of Loogun family of Ife-Odan, in their writ of summons, superseded by paragraph 29 of their amended statement of claim - asked the defendants - Muritala Olugbemisoye and LadoyeYisa for the undermentioned reliefs:-

1.Declaration that the plaintiffs are entitled to a statutory/ customary right of occupancy in respect of that piece or parcel of land situate, lying and being at Adunmu near Ife-Odan in Ejigbo Local Government Area of Osun State.

2.N5,000 damages for trespass committed by the defendants when they entered the land in dispute and burnt down economic trees.

3.Perpetual injunction restraining the defendants, their agents or servants from committing further acts of trespass on the…