P. O. ADEREMI, J.S.C (Delivering the Leading Judgment): The appeal is against the judgment of Court of Appeal, sitting in Ibadan, in CA/1/72/89: Alhaji Suara Yusuf and Lasisi Kode delivered on Thursday, 7th June, 2001. The case originated from the High Court of Justice, Ibadan, Oyo State where in suit No. 1/683/84 Tiamiyu Adeagbo and Alhaji Lamidi Atanda (deceased for themselves and on behalf of Odetunde family) claimed against Alhaji Suara Yusuf as follows:-
"(1) a declaration to a statutory or customary right of occupancy to all that piece or parcel of land verged RED on plan No. APAT/OY/06/1986 (excluding the area verged GREEN)' to ,
(2) the plaintiffs also claim N10,000.00 damages against the defendant for trespass committed by the defendant in respect of the said parcel of land sometimes in December 1984 which trespass is still continuing;
(3) the plaintiffs also claim perpetual injunction restraining the defendant, his servants, agents and privies from committing further acts of…