Raimi Ajao Ojokolobo & Anor Vs Lapade Alamu & Anor (1998)

LAWGLOBAL HUB Lead Judgment Report

I.L. KUTIGI, JSC.

At the High Court, holden at Ibadan, the plaintiffs’ claims as formulated in paragraph 32 of their amended statement of claim is for:-

“(1) Declaration that their entire family (is) entitled to a statutory right of occupancy in respect of the area in dispute.

(2) N400.00(Four hundred naira)damages for trespass committed by the defendants on the land in dispute.

(3) Perpetual injunction restraining the defendants, their servants and or their agents or anybody claiming through them from any further acts of trespass.”

By paragraph 35 of their further amended statement of defence and counter-claim, the defendants coun-claimed when they averred thus:-

“35. The defendants will at the trial of this action counter-claim for themselves and on behalf of other members of Ojokolobo family as follows:

(a) Declaration to statutory right of occupancy over that area of land VERGED RED on plan No. AK 2443/OY attached to this amended statement of defence and counter-claim.

(b) The sum of four hundred naira (N400.00) being general damages for trespass committed by the plaintiffs, their servants, agents and privies on the said parcel of land sometime in June, 1980.

(c) An order of injunction restraining the plaintiffs, their servants, agents, privies or anybody claiming through them from committing any further acts of trespass on the said land.”

At the close of pleadings the case proceeded to trial. The plaintiffs called seven witnesses while a total of nine witnesses testified for the defendants. In a reserved judgment the learned trial Judge found for the plaintiffs and entered judgment for them. The defendants’ counter-claim was dismissed in its entirety. The judgment concluded thus:-

“In the result, I make the following orders:

(1) Declaration that the plaintiffs’ family (is) entitled to statutory right of occupancy to the land in dispute.

(2) N200 general damages for trespass committed by the defendants on the land in dispute.