KUMAI BAYANG AKA'AHS, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Ibadan Division delivered on 5th day of May, 2004. The appellants are the plaintiffs in the substantive action while the respondents are the defendants in Suit No.HRE/4/97 instituted and still pending before the Osun State High Court sitting at Ikire. The plaintiffs' claims before the High Court as contained in paragraph 33 of the Amended Statement of Claim are as follows:-
"33 Whereof the Plaintiffs' claim against the Defendants jointly and severally are as follows:-
1. N2,000,000.00 (Two Million Naira) general and aggravated damages for trespass, unlawful reaping and carrying away of the Plaintiffs' palm fruits since March, 1996 up to the date of the action without the consent and authority of the plaintiffs, harassment and humiliation by unnecessary causing the arrest of members of Buberu village Community at Suberu otherwise known as Ojudo Village Ogi town …