HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Ogun State High Court, Otta Judicial Division, delivered by O. A. Onafowokan, J on the 1st day of December, 2006 in Suit No. HCT/31/89.
By an Amended Writ of Summons together with an Amended Statement of Claim dated the 21/8/90 and filed on the 03/10/90, the Appellants who were Plaintiffs in the Court below, sought the following reliefs:
(a) A declaration that the Plaintiffs are entitled to a Right of Occupancy over a piece or parcel of land situate, lying and being along Itele Road, Ota, Ogun State, Nigeria.
(b) N1,000.00 damages for trespass committed by the Defendants by going on to the land in dispute and clearing it.
(c) An Order of Perpetual Injunction restraining the Defendants, their servants, agents and privies from committing any further acts of trespass on the said land.
The Respondents who were Defendants in the Court below, responded by filing an Amended Statement of …