KUTIGI, JSC (Delivering the Lead Judgment): In the High Court of Kwara State holden at Ilorin the plaintiff’s claims against the defendants read thus - “(a) A declaration that the plaintiff is the occupier/holder of the said piece of land lying and situate at Ile-Olokotintin, Ilorin.
Perpetual injunction restraining the defendants, their servants and agents from any act of trespass on the said land, and One thousand Naira (N1,000.00) general damages for the said trespass.”
Pleadings were ordered, filed and exchanged. Thereafter the case proceeded to trial. The plaintiff gave evidence and called two other witnesses to prove his claims. Only the first defendant testified for the defendants.
The facts of the case are quite simple and straightforward. The plaintiff said the land in dispute measuring about 200 feet by 600 feet was the farm land of his grand father one Abdullahi Olokotintin . That the land devolved on him through his line of ancestors namely Abdullahi Olokotintin and Il…