CHIEF FALADE ONISAODU & ANOR. V. CHIEF ASUNMO ELEWUJU & ANOR.

KATSINA-ALU JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Ilorin division given on 22nd November, 1999. The appellants herein were the defendants while the respondents were the plaintiffs respectively in the case. In the writ of summons before the High Court the respondents as plaintiffs claimed against the appellants as follows:

“(1) Declaration that the plaintiffs are entitled to the certificate of customary right of occupancy in respect of a piece or parcel of land situate lying and being at Ofigba street, Akinluaduse sawmill Ise-Ekiti;

(2) ₦1,000.00 being general damages for trespass which the defendants committed on the said land sometime during the year 1987 and which trespass still continues.

(3) A perpetual injunction restraining the defendants, their servants or agents from committing further acts of trespass on the said land.”

At the trial, the plaintiffs called eleven witnesses and the defendants called seven witnesses in s…