FOLASADE AYODEJI OJO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Ogun State High Court of Justice, Ota Judicial Division in Suit No. HCT/83/2004 between:
CHIEF EDWIN ADISA OGUN AND
1. ADISA OGUNTADE 2. ALHAJI AKEEM AWOJOBI delivered on 20th December, 2010.
The suit was instituted by the Respondent as Plaintiff vide a writ of summons filed on the 19th of March, 2004 which was subsequently amended.
In paragraph 31 of the Amended Statement of Claim filed on the 22nd of April, 2005, the Respondent as Plaintiff sought the following reliefs:
“31. The Plaintiff avers that by the action of the Defendants they have made the Plaintiff suffer untold hardship.
Whereof the Plaintiff claims as follows:
1. Two million Naira (N2,000,000.00) being special and general damages for trespass committed by the Defendants when they unlawfully entered the Plaintiff’s land situate, lying and being at ORENTE AREA, along UNITAD Road, Off Abeokuta-Lagos Road, Sango Otta, Ogu…