MOHAMMED BABA IDRIS, JSC (Delivering the Leading Judgement): One Justice I. Ishola Oluwa as Plantiff at the High Court of Lagos State, filed an action against the Appellants who were Respondents, seeking for the following reliefs:
A Declaration that the Plaintiff is entitled to possession and he is the holder of a deemed right of occupancy by virtue of the Land Use Act of 1978 of all that portion of land marked C on Survey Plan No. SEW. W/258A/7 drawn by Mr. M. A. Seweje and annexed hereto.
The sum of Five Hundred Thousand Naira (N500,000.00) as general damages for trespass and nuisance perpetrated by the said Defendants on the land
The sum of Forty One Thousand Naira (N41,000.00) as special damages for the destruction of the Plaintiffs boundary trees, fruit trees, cassava and top soil in the said portion of land on the 24h August, 1990.
PARTICULARS OF DAMAGES
Boundary Trees ......................................... N3,000.00
Fruit Trees (Guava, Mango, Cahew etc ..... N3,000.00
Cassava.....…