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FADAWU UMARU, J.C.A. (Delivering the Lead Judgment): This is an appeal against the Ogun State High Court Judgment, Sagamu Judicial Division, Per E.O. Osinuga J. (herein referred to as “the trial Court) in Suit No: HCS/86/2011 delivered on the 4th day of May, 2015.
The Appellants (and three other parties who are now deceased) instituted this action through a Writ of Summons against the Respondent at the trial Court and sought:
“(i) A sum of N5 million being damages for trespass committed by the Defendant on the Claimants' land which trespass has since continued despite repeated warnings and cautions by the Claimants.
(ii) Interest on the judgment sum at the rate of 15% per annum from the date of judgment until the judgment is finally liquidated.”
After exchanging pleadings among the parties, the case proceeded to trial, and the parties presented their evidence. After the close of evidence, the parties addressed the trial Court. The trial Court delivered judgment on the 4th day of May, …