CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Ogun State High Court sitting at Ota in Suit No. HCT/343/2004 delivered by H. O. Solanke J on the 11th day of January 2008. The Respondents who were the Plaintiffs in the lower Court claimed as follows:
i. A sum of Five Million Naira (N5M) being special and general damages for the trespass committed on the plaintiff family land situate at 39 (formally 41) Alagbole Road, Alagbole Bus Stop, Alagbole, Ogun State.
ii. An order of perpetual injunction restraining the defendant either by himself, servant, heirs, assigns and or any person claiming from and or through him from further entering into and or further committing any other or further acts of trespass on the said land situate at 39 (formally 41) Alagbole Road, Alagbole Bus Stop, Ogun State.
The case of the Respondents/Plaintiffs was that the land in dispute formed part of a large tract of land originally belonging to their father, L…