JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Osun State delivered on 30th March, 2006 at Ede, Ede judicial Division.
The Appellants were the Plaintiffs at the Lower Court. The Respondents were the Defendants.
The claim of the Appellants against the Respondents at the Lower Court was for the following:
(a) N2.0 Million as special and general damages against the Defendants (sic) for the trespass committed by the Defendants on the land lying and being at Oniyanrin Village, Ede and which land had been in possession of the Plaintiffs and bounded by (i) Lasisi Asunmo's farm, (ii) Sule Atanda Bababanla, (iii) Labiyi and (iv) Logun Alimi.
(b) Injunction Restraining the Defendants by themselves, their servants, agents, privies and whosoever from further trespassing unto the land in dispute.
According to the Appellants, the land in dispute is at Oniyanrin in Logun village. About 40 - 50 years ago, Oba Toyese Laoye Tim…