Buraimoh Oloriode & Ors. V. Simeon Oyebi & Ors. (1984)

LawGlobal-Hub Lead Judgment Report

IRIKEFE, J.S.C. 

In this appeal, the appellants were the plaintiffs in Suit No. IK74/73 before the Ikeja Judicial Division of the High Court of Lagos State against the respondents who were the defendants in the said suit. Later, in Suit No.IK/261/73 the respondents to this appeal sued the appellants and one E. B. Ige, their tenant, over the same piece of land in issue in this case.

Both cases were later consolidated for the purposes of trial by the Ikeja High Court.

The claim in Suit No. IK/74/1973 reads:-

“The plaintiffs’ claims against the defendants are for:-

(1) Declaration of title in respect of the plaintiffs’ piece of land situate, lying and being at Ikola Agbenaje Village, via Ipaja in the Ikeja District of the Lagos State (hereinafter called the property).

(2) Possession of the said property.

(3) N100 being special and general damages for the trespass committed on the said land and the destruction of survey pillars thereon.

(4) Perpetual injunction restraining the defendants and/or their agents or servants from committing further acts of trespass upon the said land.”

The cross-action, that is Suit No. IK/261/73reads:-

“The plaintiffs’ claims against the defendants jointly and severally are:-

(1) Declaration that the plaintiffs are the absolute owners under native law and custom of all that piece or parcel of land situate, lying and being at Ikola Kogbawosi Village via Orile Agege in the Ikeja Division of Lagos State.

(2) Possession of the said piece or parcel of land.

(3) Special and general damages of N200 for trespass committed by the defendants, their servants, agents and privies to the said piece or parcel of land.