OBA OLAYODE OYEGADE & ORS. V. OBA JAMES ADELEYE OYELOWO & ANOR.

STANLEY SHENKO ALAGOA, J.C.A., OFR: (Delivering the Leading Judgment): This is an appeal and cross-appeal against the judgment of Abimbola J., of the High Court of Justice Oyo State sitting at Ogbomosho delivered on the 30th July 2001. In the said High Court below in Suit No. HOG/35/99, the present Respondents as plaintiffs had in paragraph 26 of their Statement of Claim dated the 11th August 1999 and contained at pages 4-9 of the Record of Appeal claimed as follows against the present Appellants as Defendants -

(a) The sum of One Million Naira (N1,000,000.00) being damages for acts of trespass and unlawful destruction of the Plaintiff's property with the following as particulars of damage -

(a) Special Damages - N27,700.00

(b) General Damages - N523,300.00

TOTAL - N1,000,000.00

(b) AN ORDER OF perpetual injunction restraining the Defendants, their agents, servants or any other person however claiming power or authority from them from further trespassing on the Plaintiffs' land, assau…