Lamidi Lawal Obawole & Anor V. Olusoji Coker (1994)

LawGlobal-Hub Lead Judgment Report

OGUNDARE, J.S.C. 

By writ of summons issued in April, 1976 the plaintiff for himself and on behalf of other members of Aina Coker family sued the defendants for themselves and on behalf of other members of the Obawole Aina Arupe family, claiming N500.00 damages for trespass allegedly committed on a farmland situate, lying and being at Ijaiye Agege, Lagos State in March 1976 and an injunction. Pleadings having been ordered were filed and exchanged and. with leave of court amended. By paragraph 21 of his amended statement of claim, the plaintiff (who is now the respondent before us) claimed as follows:

(i) a declaration of title under Yoruba Native Law and Custom to all that parcel of land situate, lying and being at Ijaiye, Agege which is more particularly shown and edged Red on the Plan attached to the Statement of Claim.

(ii) N500.00 damages for trespass committed on the farmland situate, lying and being at Ijaiye Agege Lagos State by destroying cassava, cashew trees and other crops of the plaintiff thereon in March and April, 1976.

(iii) An injunction to restrain the defendants, their privies and servants from committing further acts of trespass on the said land.”

The defendants counter-claimed as hereunder:

(i) A declaration that they as the persons entitled to Certificate of Occupancy are the absolute owners under Yoruba Native Law and Custom of all that piece or parcel of land situate lying and being at Abule Ijaiye in the Ikeia District of Lagos State and which is more particularly shown and edged in red on the plan attached to the Statement of Claim herein.

(ii) N100.00 special and general damages for trespass to the said land.

SPECIAL:

40 Cocoa trees cut and destroyed N40.00

27 Kolanut trees cut and destroyed N33.75

N73.75

GENERAL: N26.25

TOTAL N100.00