UWA JCA (Delivering the Lead Judgment): The Kwara State High Court in its judgment presided over by H.O Ajayi J. on 19 December 2013, non-suited the case of the claimants, theappellants herein. The appellants as claimants at the trial court instituted the action on 5 May 2011. By the writ of summons and the statement of claim, the claimants claimed title to the land in dispute for the 1st appellant and his late wife and general damages for the unlawful confinement, humiliation and intimidation of the 2nd claimant/appellant. The following reliefs were sought from the trial court.
“(i) That it be declared that the 1st claimant and his late wife are the rightful owners of the two plots of land situate along Agbabiaka Road, Gaa Akanbi Ilorin. (ii) That it be declared that the defendant is a trespasser on the 1st claimant and his wife’s land alongAgbabiaka Road, Gaa Akanbi Ilorin. (iii) For general damages of five million (N5,000,000.00) Naira for the unlawful confinement, humiliation of th…