IBIKUNLE FOLORUNSHO PHILLIPS & 3 ORS V. AYINLA AKINOLA & 3 ORS

AWALA JCA (Delivering the Lead Judgment): The appellants, asdefendants at the lower court, the High Court Justice of Ogun State of Nigeria, were sued by the respondents, the plaintiff thereat, before Bakre J in suit No. HCT/37/02 holden at the Ota Judicial Division of the state. The plaintiff claims against the defendants jointly and severally are as follows:-

(a) A declaration that the plaintiffs are entitled to the customary right of occupancy of all the parcel of farmland situate, lying and being at Asajon Akute in Ogun State of Nigeria, which is in the Survey Plan No. CSA/E/12A made by C.S. Adewumi and Associated, Surveying Engineers and licenced Surveyors dated 13 March 1989.

(b) N25,000.00 (twenty five thousand naira only) being special and general damages for trespass and damages to properties committed by the defendants, their agents or servants and other persons claiming through them on the said piece of farm land.

(c) Perpetual injunction restraining the defendant by themse…