SAIDU TANKO HUSSAINI, J.C.A. (Delivering the Leading Judgment): The Respondents as Plaintiffs instituted action at the High Court of Oyo State vide the Writ of Summons and the Statement of claim in Suit No. I/791/2001 wherein they claimed against the appellant as the defendant: (1) A declaration that the plaintiffs’ family are entitled to the Statutory Right of Occupancy in respect of the plot of land situate, lying, being and known as plot No. 36 at Akobi Elemu layout, Felele Ibadan, covered by a Deed of conveyance dated 4/7/1969 registered as No. 30 at page 30 in Volume 1139 of the land registry in the office at Ibadan, (2) N10,000.00 damages for trespass committed on the land by the defendant since 1997, (3) injunction restraining the defendant her servants, agents, privies and those claiming through her from further trespassing on the land.
Upon being served with the Originating Processes, the Appellant as defendant filed her Statement of defence (as amended) and denied the claim.…