KALGO, J.S.C. (Delivering the Leading Judgment): In the High Court of Lagos State, holden at Ikeja, the respondents as plaintiffs claimed against the appellant as defendant, the following reliefs as per paragraph 20 of their amended statement of claim:
(a) An order of declaration of statutory right of occupancy alternatively customary right of occupancy in respect of the farmland situate lying and being at Itoge Road Village, Badagry Lagos, a survey plan of which will be filed hereafter i.e. plan No.SBS/442/84L.
(b) N500.00 damages for trespass on the said land described in 20(a) above which act of trespass was committed by the defendant, his servants, agents and/or privies,
(c) An order of perpetual injunction restraining the defendant by himself his servants, agents and/or privies restraining them from further acts of trespass over the said land described in 20(a) above.
Pleadings were thereafter ordered, filed and exchanged between the parties. At the trial, both parties called wit…