IGUH, JSC (Delivering the Lead Judgment): By a writ of summons issued on the 12th day of March, 1982 in the Ibadan Judicial Division of the High Court of Justice, Oyo State, the plaintiff, who is now the respondent, instituted an action against the defendants, now the appellants, jointly and severally claiming, as subsequently amended, as follows:-
“1. Declaration that he is the person entitled to occupation and possession of the piece of land measuring about 20 metres by 60 metres (67ft x 200ft) covering an area of approximately 0.12 hectare, situate at Akoka Village, Ife Road, Ibadan and more particularly marked and delineated on Plan No. L4 and LID 2131 drawn by Laniyonu Lawson, licensed surveyors and dated 2nd August, 1975 and attached to the certificate of statutory right of occupancy dated 9th January, 1981 registered as No. 9 at page 9 in volume 2357 of the Land Registry in Ibadan.
2. The sum of N5,000.00 (Five Thousand Naira) being special and general damages for trespass co…