MODUPE FASANMI J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of an Ota High Court, Ogun State delivered on the 11th of November 2004 in suit No. HCT/265A/98.
The brief facts culminating in this appeal are as follows:
The Appellant is the first Defendant in the Court below and the 2nd Defendant is said to have died during the proceedings.
The Plaintiff now Respondent in this court claims against the Defendants at the lower court for:
(a) Declaration that the Plaintiff is entitled to a Statutory Right of Occupancy over a plot of land situate, lying and being at Ajala Close, Temidire, Sango Ota, Ogun State which is more particularly described on survey plan number GRA1322 of 13th October, 1979 drawn by Alhaji R. Kadiri Licensed Surveyor;
(b) N194,800.00 (One Hundred and Ninety Four Thousand Eight Hundred Naira) as special, general and consequential damages for trespass committed by the Defendants on the Plaintiff's land;
(c) Perpetual injunction restra…