J. O. OGEBE, JSC (Delivering the Leading Judgment): The respondents sued the appellants before the High Court of Justice Ibadan claiming the following reliefs:-
(a) ₦10,000.00 General damages for trespass being presently committed by the defendants on the property of Bandele Ayinla Lawanson (deceased) the father of the plaintiffs lying and being at Orita Bashorun, Aba Road, Ibadan covered by Deed of conveyance registered as 50/50/458 of Lands Registry, Ibadan.
"(b) Perpetual Injunction restraining the defendants by themselves, their agents, servants and privies from committing further trespass on the land."
Pleadings were exchanged by the parties and the trial court after hearing evidence and listening to the addresses of the parties gave judgment in favour of the Respondents Dissatisfied with the judgment, the appellants appealed to the Court of Appeal Ibadan and raised for the first time the issue of limitation of action. The Court of Appeal dismissed the appeal.
This is a further…