Alhaji Gafaru Salawu V. Alhaji Liadi Lawal & Ors (2006)

LawGlobal-Hub Lead Judgment Report

G. IFUNANYA UDOM-AZOGU, J.C.A.

By their writ of summons dated 13/1/84 in the High Court of Justice Ogun State the plaintiffs claimed the following reliefs from the defendants jointly and severally:

a) Declaration that they are the people entitled to rights of occupancy on that piece or parcel of land situate, lying and being at Ijoko Road, Otta

b) N500.00 as damages for trespass committed by the Defendants when they and their agents/servants entered the land and cleared part of it and destroyed plaintiffs’ crops with caterpillar.

c) Injunction to restrain the defendants, their agents, servants and privies from further trespassing on the land.

Annual rental value of the land is N2m.

In paragraph 34 of the statement of claim dated 10/1/86, the plaintiffs claimed as per their writ of summons. The statement of claim was amended on 3/1/89.

The defendants by their statement of defence and counter-claim dated 21/4/88 claimed as follows:-

i) Declaration of title in favour of 1st defendant (on behalf of other members of the Fadahun family) as the owner of the customary right of occupancy and the person entitled to the certificate of occupancy in respect of the parcel of land lying, being and situate along Otta Ijoko Road and more particularly described in the Plan attached herewith.

ii) N31,616.00 special and general damages for trespass to the said land.

Particulars of Special Damages

Value of stolen and damaged cutlasses – N10.00

Value of Wrist Watch stolen – N100.00

Value of cloth – N20.00