AKINTAN, JCA (Delivering the Lead Judgment): The present appellants were the defendants in this action which was instituted at Abeokuta High Court in Ogun State as suit No. HCL/26/83. The present respondents were the plaintiffs. The dispute that led to the institution of the action was over a portion of a vast landed property which the plaintiffs claimed. The plaintiffs’ claim as indorsed on their writ of summons is for: “1. A declaration that the plaintiffs are entitled to the right of occupancy over an area of land situate, lying and being at Ore village via Iju Otta, Ogun State.
N200 damages for trespass committed by the defendants, by going on to the land in dispute and erecting a structure thereon.
An order of injunction restraining the defendants, their servants, agents and privies from committing any further acts of trespass on the land in dispute.”
The parties filed and exchanged pleadings. The case was eventually tried before Sofolahan J. The plaintiffs led evidence in support…