TABAI, JCA (Delivering the Leading Judgment): In the writ of summons issued at the Sagamu Division of the High Court of Justice, Ogun State, the plaintiff/respondent claimed against the defendants/appellants jointly and severally as follows:
“(1) A declaration that the plaintiff is entitled to the statutory right of occupancy to the property known as Iraye United School Land along Isara Road, Ode-Remo, Ogun State, with an area of 3667.844 sq. metres close to the Ode-Remo Telephone Exchange and which is more particularly described and delineated in the Survey Plan No. G.R.A. 2903 of 14th December 1981 drawn by Alhaji R. A. Kadiri, Licensed Surveyor.
(2) The sum of N100,000.00 (One Hundred Thousand Naira) special and general damages for the acts of trespass and materials used or destroyed on the said land by the defendants, their privies or agents.
(3) An order of perpetual injunction against the defendants, their servants, agents, privies or any person claiming through the defendants fro…