J. A. FABIYI, J.S.C (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Ibadan Division ('the court below' for short) delivered on the 10th day of May, 2001 in which the judgment of the Trial High Court sitting at Abeokuta, Ogun State of Nigeria, delivered on 29th November, 1985 was affirmed.
It is apt to state the relevant facts of the matter. The plaintiffs who are the respondents herein claimed in the trial court by writ of summons as follows:-
"1. Declaration to the effect that the plaintiffs are entitled to Certificate of Occupancy to the parcel of land situate and known as Ijari land in Ijoko Otta Railway Station, via Otta, Ifo/Otta Local Government Area, Ogun State.
2. The sum of N50, 000.00 (Fifty Thousand Naira) as special and general damages for the unlawful trespass by the defendant on the land between 15th and 22nd of November, 1980 by way of clearing the various cash crops and life crops and other properties of the plaintiffs …