KUTIGI, J.S.C. (Delivering the Leading Judgment): We allowed this appeal on the 7th day of December, 1992 after hearing counsel on both sides. We awarded costs of N1,000 to the appellant and adjourned to give our reasons for the decision today which I now do.
The plaintiff who is now the respondent claimed against the defendant/appellant as follows -
"1. Declaration that the plaintiff and his people are the persons entitled to possession and deemed to be in continued possession of all that farmland situate, lying and being at Ilofe, via Ogbomoso, Annual rental value of farmland is about N100.00.
2. N500.00 (Five hundred Naira) damages for trespass committed by the defendants their people, servants, agents and privies particularly on the 7th and 8th day of April, 1981 respectively when the defendants and their said people, servants, agents and privies unlawfully entered into the said land and started to harvest palm fruits, cut down cocoa and orange trees, destroy sprouting yams, ve…