JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal is against the decision of the High Court of Justice of Lagos State (the Court below), whereby it awarded title to a parcel of land situate at Ishagatedo in Oshodi/Isolo Local Government area of Lagos State, also known as No. 4 Adebajo Street, Ishagatedo, to the respondents to the effect that they are entitled to a statutory right of occupancy over the said parcel of land situate, lying and being at Ishagatedo in Oshodi/Isolo Local Government Area of Lagos State known as No.4 Adebajo Street Ishagatedo with N50,000 general damages for trespass and an order of perpetual injunction restraining the appellant, his servants, agents and privies or howsoever described from committing further act(s) of trespass on the disputed plot of land.
The action was commenced by the named respondents for themselves and on behalf of Ishagatedo Community, in a representative capacity. The case was based on traditional history and l…