SUNDAY AKINOLA AKINTAN, J.C.A. (Delivering the Leading Judgment): This is an appeal from the judgment of Fatade, J. delivered on 16th May, 1995, at Oshogbo High Court in Osun State. The appellant was the plaintiff at the lower court while the respondent was the defendant. The plaintiff's claim as set out in paragraph 31 of the statement of claim is as follows:-
(i) A declaration that the plaintiff is the person entitled to a statutory right of occupancy over a piece or parcel of farmland situate, lying and being at Igbo-Ifa area, Ofatedo and verged RED on survey plan No. OS/D/0579/93/001 consisting of an area of approximately 16.135 Hectares and bounded as follows:-
On the Northern side by Jimoh Ashola and Oseni Durojaiye's landed property;
On the Western side by Madam Pate Alimotu's landed property;
On the Southern side by Adeleke Asunmo's landed property
On the Eastern side by Oseni Durojaiye's land property.
(ii) Ten thousand naira (N10,000.00) as damages for trespass (which tresp…