CHIEF JIMOH WUSU & ORS V. CHIEF AMOS DAVID & ORS

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Lagos State delivered by Justice H.A.O. Abiru on the 29th January 2009 wherein the claimants claim was dismissed.

The Claimants (now appellants) had by further amended statement of claim dated 24-3-2005 sought the following reliefs:

(i) A declaration that the claimants are the persons to be deemed holders of statutory or customary right of occupancy in respect of all that piece of land situate, lying, being and known as Tohon Land in the Badagry Local Government Area of Lagos State covered by survey plan No SBS/1220/2/84L.

(ii) The sum of N2 million being special and general damages suffered by the claimants and arising from the nefarious acts of trespass and wanton destruction of the claimants crops and development carried out by the defendants themselves, their agents, thugs, servants and/or privies as quantified in paragraph 23 of the further amended stat…