E. O. OGWUEGBU, JSC (Delivering the Leading Judgment): This appeal was brought by the defendants against the judgment of the Court of Appeal. Ibadan Division which dismissed their appeal and a affirmed the decision of the High Court of Oyo, Osogbo Judicial Division, granting declaration of title, damages for trespass and injunction in favour of the plaintiff.
The plaintiff instituted the action for himself and on behalf of Alegbeleye family against 1st and 2nd defendants for themselves and on behalf of Ladumoye family and the 3rd and 4th defendants for themselves and on behalf of Abinusedun family.
The plaintiff's claim against the defendants jointly and severally is for:-
1. "A declaration that the plaintiffs (sic) are the persons entitled to be granted title to statutory or customary right of occupancy in respect of all that piece or parcel of land situate lying and being at Gbonmi, Oshogbo.
2. The plaintiff claims against each of the defendants the sum or ₦500.00 being damages for…