A.O. OMAGE, J.C.A. (Delivering the leading Judgment): This is an appeal against the judgment of Arasi J; sitting in the High Court Oyo State where on 9th day of January 1998, he delivered the judgment in favour of the plaintiff; respondent in this appeal. In the judgment the learned trial court ordered in favour of the plaintiff the following reliefs;
(A) A declaration that the area of land there in dispute between the plaintiffs and defendant, is in the statutory occupancy of the plaintiff/respondent; that is the area lying and being the tract of land, situates at Oke Igboho, stretching from behind Oke Igboho and other areas traditionally associated with Onigboho of Igbobo Agoro Orelope, Local Government of Oyo State.
The court ordered the sum of N50, 000,00 as damages for continuing trespass on the said tract of land; and an order for perpetual injunction to restrain the defendant/appellant; their servants, agents and privies, and against any person whosoever, who claims through the…