SOMORIN & ORS.
V.
ADEKANBI & ORS.

JOSEPH SHAGBAOR IKYEGH, J.C.A (Delivered the Leading Judgment): The appeal came from a decision of the High Court of Justice of Ogun State, in the Otta Judicial Division, holden at Otta, setting aside the certificate of occupancy issued to one Chief E.S.B. Wilkey, the 1st defendant in the court below, in respect of a parcel of land located at Isheri Oke-Church in Ogun State, and awarding general damages of N15,000 to the Olofin Chieftaincy family and N25,000 to the 4th-5th respondents of the Kudoro family together with an order of perpetual injunction against appellants restraining them from committing further/future acts of trespass in respect of the disputed piece of land.

In summary, both disputants based their respective title to the land in dispute on traditional history or inheritance with the appellants' also placing reliance on acts of ownership over the said land; it was alleged on the issue of trespass that about 1969 appellants had sold the area of land allegedly trespassed…