IGUH, J.S.C. (Delivering the Leading Judgment): In the Ondo Judicial Division of the High Court of Justice, Ondo State, the plaintiffs, who are now the appellants, for themselves and on behalf of the Ansar-Ud-Deen Society, Ode, Ondo caused a writ of summons to issue against the respondent who therein was the defendant claiming, as subsequently amended, as follows:-
"(1) A declaration of title under Native Law and Custom to a piece of land situate and being at mile 2 Ondo Okitipupa Road and more particularly shown on Plan No. L and L/A3635 and Plan No. OB 4105;
(2) N200.00 being general damages for trespass to the said plaintiffs' land; and
(3) A perpetual injunction restraining the defendant, his servants and/or agents from committing further trespass on the land."
Pleadings were ordered in the suit and were duly settled, filed and exchanged.
At the subsequent trial, all three plaintiffs testified on their own behalf and called witnesses. The defendant also testified in his defence a…