MOHAMMAD AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice F. O. Ogunsola of the High Court of Justice, Ilesa Division,Osun State delivered on 10/05/2001 in favour of the Plaintiff/Respondent.
The claim of the Plaintiff/Respondent at the trial court against the Appellants, as per his Statement of Claim dated 5/3/95 was for the following:
(1) A Declaration that the Plaintiff is entitled to possession of the farmland situate, lying and being at Okutuope, along Ilesha Akure Express Road, Ilesa which was in dispute in Suit No.HIL/34/81 between the parties to this case and finally settled by the Court of Appeal, Ibadan on 15th June, 1993 in Appeal No.CA/I/118/86. The plan of the land adjudicated in the case will be filed later by the Plaintiff.
(2) The sum of N50,000.00 representing damages for trespass committed by the Defendants on the said land by themselves, their agents, servants and privies or otherwise howsoever.