Judgment
AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): This appeal and cross-appeal are against the judgment delivered on 19/5/2016 by the High Court of Osun State presided over by A.A.G. Onibokun, J. (hereafter to be simply referred to as “the lower Court” and “the learned trial Judge” respectively) in Suit No. HED/13/2009 initiated by the Appellant herein as claimant, against the Respondents (who were the 1st, 2nd, 3rd, 4th, 5th and 10th defendants at the lower Court) amongst others.
The claims of the Appellant at the lower Court as set out in paragraph 31 of the statement of claim dated 26/10/2009, and filed alongside a writ of summons which issued on 29/10/2009 are as follows: – “i. Declaration that the Claimant is entitled to a Certificate of Statutory Right of Occupancy in respect of that piece or parcel of land covered by Survey Plan No. MAW250/75 drawn and signed by Surveyor M.
Akin Laoye on 18-08-75 and attached to the Deed of Conveyance dated 3rd day of May, 1976 and registered as No. 40 at Page 40 in Volume 1929 of the Lands Registry in the Office at Ibadan and now at Osogbo. ii. N200,000.00 (Two Hundred Thousand Naira) being general damages for trespass committed by the Defendants on various dates and being continuing trespass on the land claimed by the Claimant and in dispute and verged RED on dispute Survey Plan No. OS/MAL3/LID/2009 drawn and signed by Surveyor M. Akin Laoye on 14-0-2009 covering an area of 34.93 Acres or 14.136 Hectares. iii.
An order of injunction restraining the Defendants by themselves, their servants, agents, workers and/or privies howsoever from further acts of trespass on the land in dispute. iv. An order of possession in favour of the Claimant against the unknown persons unlawfully occupying part of the land in dispute.” The 1st – 5th and 10th Respondents on record (hereafter to be simply referred to as “the Respondents) in response to the suit of the Appellant filed a statement of defence on 27/1/2010 incorporating a counter-claim.
The said statement of defence was amended pursuant to the order of the lower Court on 10/7/2013. The amended statement of defence is dated 16/7/2013 and filed on the same date. There is no evidence in the record of appeal (hereafter to be simply referred to as “the record”) that the 6th – 9th and 11th – 14th Respondents, contested the case by filing any statement of defence and or participated at the trial of the case at the lower Court.
