OMAGE, JCA (Delivering the Lead Judgment): In the High Court of Oyo State sitting in Ibadan in January 1986, the plaintiffs filed a suit against the defendants in which the plaintiffs suing for himself and the entire Adeaga family against the defendant and three others. In the claim the plaintiff sought reliefs as follows: “(1) Fifteen thousand naira being damages for continuing trespass committed by the defendants, their servants, and agents on that piece or parcel of land, situate, lying and being at Aponrin on Oke Odo Ajia Road, Ibadan in 1983, which land is more particularly described and delineated on plan to be filed later in the case.
(2) Injunction restraining the defendants, their servants, agents, privies or anyone claiming through them from entering and committing further trespass on the said land in dispute.”
Pleadings were filed and exchanged. The plan of the disputed area of land was filed by the 2nd PW2, a licensed surveyor. The plan was admitted in evidence as exhibit …