ABDULLAHI JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Kwara State High Court of Justice, in suit KWS/109/99, coram. M. O. Adewara (J) delivered on 30 April 2008.
The appellants were the defendants while the respondent was the claimant/plaintiff in the lower court. The respondent by his writ of summons dated 17 September 1999 and filed on 30 September 1999, sued the appellants herein and claimed the following reliefs:
“(1) A declaration that the plaintiff is the only one entitled to the statutory right of occupancy on a piece or parcel of land situate at Aduralere Street, Amilegbe Area, IIorin, Kwara State. A sum of N20,000.00 (twenty thousand naira) being damages for trespass to and wanton destruction of the A plaintiff’s land and arable crops such as plantain, banana, mango and orange trees by the defendants. Injunction restraining the defendants either by themselves, agents, servants, privies or through any person(s) however from further tresp…