TOLOFARI & ANOR V. TOLOFARI

GABRIEL OMONIYI KOLAWOLE, J.C.A. (Delivering the Leading Judgment): My Lords, curiously, by a Further ‘Further’ Amended Statement of Claim (it could have been better tagged and a tidier mode of description of Court’s processes as the 1st or 2nd Amended Statement of Claim) dated 20th December, 2011, the Appellants as Claimants sought the following reliefs: 

(i) A Declaration that the land in dispute is the property of Iganipuma Family Unit of Tolofari House in Kalaibiama Bonny. 

(ii) N10,000,000.00 (Ten Million Naira) representing damages for trespass committed on the Claimant's said piece or parcel of land.

(iii) An order of Court that the Claimants should move into and take possession of the said piece or parcel of land with developments thereon; and

(iv) A Perpetual Injunction restraining the Defendant by himself, his agents, servants or privies from further committing acts of trespass on the Claimants’ said piece of land, or howsoever dealing with the said land in any manner contrary…