ALHAJI SUARA YUSUFF V. YETUNDE DADA (MRS.) & ORS.

AGBAJE, JSC (DELIVERING THE LEADING JUDGMENT): The action which gave rise to this appeal originated in an Ibadan High Court. There Mrs. Yetunde Dada and 3 Ors. as administratrices/administrators of the estate of Chief J.O. Laniyonu, deceased, sued Alhaji Yusuf for the following reliefs:

"1. N25,000.00 damages for trespass committed by the defendant, his servants, agents and tenants in respect of Chief J. O. Laniyonu's land lying and situate at AGBAAKIN FAMILY LANDILA LAYOUT Iwo Road, Ibadan on or about August, 1979 and which trespass still continues;

2. AN INJUNCTION to restrain the defendant, his servants, agents, tenants, workmen or otherwise howsoever from entering, remaining, or further trespassing on the said land."

Pleadings were ordered, filed and delivered.

Relevant to the issues raised in this appeal are the following averments in the plaintiffs' statement of claim:-

"1. The 1st and 3rd plaintiffs are the children of late Chief Josiah Oladipo Laniyonu who died intestate at Ib…