KARIBI-WHYTE, J.S.C.:-This is an appeal to this court from the judgment of the Court of Appeal Division, Ibadan, against the dismissal of the appeal of the appellants against the judgment of Olowofoyeku, J., of the High Court of Oyo State, sitting at Ibadan.
Appellants were the plaintiffs in the court of trial.
Plaintiff, Abiodun Adelaja, had brought this action as Attorney for Victor Oludemi, against Olatunde Fanoiki, as the defendant. The facts of the case are quite simple and not complicated. The action as endorsed on the writ of summons is for-
(1) Declaration of title to all that piece or parcel of land, lying and being and situated at Tabontabon village, Oke-Ado, Ibadan, Oyo State of Nigeria and shown on the plan attached to the deed of conveyance dated the 16th day of June, 1958 and registered as No. 19 at page 19 in volume 254 of the lands registry in the office at Ibadan.
(2) N500.00 (Five Hundred Naira) damages for trespass committed in 1972 by the defendants, their agents …