BANKOLE & ORS
V.
EMIR INDUSTRIES LTD

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal is against the judgment of the High Court of Justice of Ogun State holden at Ota (the court below) which awarded N1 Million general damages against the appellants in favour of the respondent for trespass into the respondent's parcel of land located along Idiroko/Iju road in Ado-Odo/Ota Local Government area of Ogun State. A permanent injunction was also granted restraining the appellants from committing further acts of trespass on the disputed portion of land; while the appellants' counter-claim for the setting aside of respondent's documents of title over the disputed land was dismissed by the court below.

The respondent's case as plaintiff in the court below was that Ogbe Alagbe family sold the land in dispute to Overseas United Distillers Limited in 1976, evidenced by a receipt of purchase, Exhibit A. That the appellants are offspring of Ogbe Alagbe family. Later in 1983, Ogbe Alagbe family issued a sale a…