CHINWE E. IYIZOBA, J.C.A (Delivering the Leading Judgment): This is an appeal by the defendant/appellant against the judgment of O. A. Ojo J. of the High Court of Osun State sitting at Ejigbo delivered on the 27th day of October, 2005. In their amended writ of summons the plaintiffs/respondents claimed as follows:-
(i) A declaration that the plaintiffs are the persons entitled to the statutory right of occupancy of All that parcel of land situate and being at Oke-Ogun area along Ijado Road, Ejigbo Local Government of Osun State which land is shown on survey plan No. OS/0823/98/D/008 drawn by O.K. Oluokun Registered surveyor dated 28th day of April, 1998 and thereon edged yellow.
(ii) N5000 000.00 (Five hundred thousand naira only) damages for trespass committed on the said land on or about the 8th day of April, 1987 and still being committed when the defendant, his agents and/or servant wrongfully entered the said land for the purpose of harvesting palm fruits and destroying/damaging …