A. NNAMANI, J.S.C. (Presided and Delivered the Leading Judgment): In this Suit which emanated from the High Court of Ogun State, the Plaintiffs/Respondents claimed against the Defendant/Appellant as follows:
"(1) Declaration of title according to Native Law and Custom to ALL THAT piece and parcel of land situate lying and being at ALALUKU COMPOUND AFRICAN CHURCH STREET TOTORO AGO-OWU, Abeokuta, Ogun State
(2) N500 damages for trespass committed by the defendant on the said land
(3) Injunction to restrain the defendant, his servants, agents and assigns from putting up any structure or building on the said land."
Pleadings were ordered and duly filed. At the end of the trial in which both parties gave evidence and called witnesses, Somolu, J. gave judgment in favour of the plaintiffs/respondents allowing their claim in its entirety. An appeal to the Court of Appeal (Omo, Omololu-Thomas and Onu, JJCA) was dismissed on 24th June, 1985. The appellant has now appealed to this Court.
It can …