ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High court of Justice, Ogun State, delivered by Asenuga J. on the 31st March, 2008.
The Respondent was the Plaintiff at the lower court. He claimed in his 2nd amended statement of claim dated the 26th of September, 2007 the following reliefs:-
1. A declaration that the Plaintiff is the person entitled to the statutory Right of occupancy to the land in dispute situate and lying at Arewa close; Akute, Ajuwon, Ifo local Government covered by survey plan No R00/09/23/10/96 dated 04/10/96.
2. N500, 000 (five hundred thousand naira) as general damages against the 1st, 2nd and 3rd Defendants for the trespass.
3. N250, 000 (two hundred and fifty thousand naira) as cost of instituting this action.
4. An order of perpetual injunction restraining the defendant, their servants, agents, privies or howsoever described from further trespassing on the plaintiff's land.
The Plaintiffs case (now…