SAKA ADEYEMI IBIYEYE, J.C.A.(Delivering the Leading Judgment): The respondents who were the plaintiffs in the High Court of Justice sitting in Ondo initially filed a writ of summons dated 4th May 1990 against just one defendant that is to say the 1st appellant. On receipt of the Writ of Summons, an undated motion on notice was filed by the learned counsel for the 1st appellant seeking leave of the trial court to join five additional defendants. The prayer was granted and the defendants now appellants became six in number.
The respondents who sued in a representative capacity claimed from the six appellants as per their Statement of Claim as follows:
"Whereof the plaintiffs claim:-
1. N5,000.00 (Five thousand naira) being damages for trespass committed by the Defendants on Plaintiffs land (sic), in that some-time in 1990, the defendants wrongfully and unlawfully broke and entered into the Plaintiffs land (sic) situate, lying and being along Ife Road between Omilerungun Stream and St. …