MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering The Leading Judgment): This is an appeal from the judgment of the Ibadan Division of the Court of Appeal, hereinafter referred to as the lower court, in appeal No.CA/I/6/99 delivered on the 4th day of November, 2003 affirming the judgment of the Oyo State High Court, hereinafter referred to as the trial court, in Suit No.HSK/26/92.
Briefly put, the facts of the case are that the respondents as plaintiffs had sued the appellant, defendant at the trial court, for declaration of title in respect of the tract of land situate, lying and being at Oke Igboho, stretching behind Oke Igboho Baptist Primary School down to Akuro and up to Sanya Dam, Igboho in Orelope Local Government area of Oyo State; N50,000 damages for continuing trespass since 1991 and perpetual injunction to restrain the defendant, his agents or privies or any person whosoever claiming through or under him from committing further acts of trespass on the land in dispute.
In proving th…