ALADE & ANOR
V.
OGUNDOKUN & ANOR
·
RABIU DANLAMI MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The Plaintiffs' claim against the Defendants is for:-
"(a) Declaration that as the Customary owners the Plaintiffs are entitled to statutory right of occupancy in respect of the plaintiffs' piece or parcel of land situate lying and being at Aroro, Igbo-Elepe area, Ile-Ogo, via Iwo in Oyo State, the plan of which will be filed later in court.
(b) N2, 000 being general damages against the Defendants jointly and severally for trespass committed on the said land sometime in March 1982. The trespass still continues.
(c) Injunction restraining the Defendants, their servants, agents and/or privies, from further acts of trespass on the said land."
Pleadings were ordered filed and exchanged. Nine witnesses including the 1st and 2nd plaintiffs testified in support of the plaintiffs' claims, while six witnesses including the two defendants testified for the defence. After addresses by learned counsel for the parties, the learned …