F. F. TABAI, JCA (Delivering the leading Judgment): In the Writ of Summons issued on the 21/10/92 at the Ife Judicial Division then of the High Court of Oyo State, the Plaintiff/Respondent, suing for himself and other children of AGOREMILEKUN, except Afolabi, claimed against the Defendants/Appellants jointly and severally as follows:-
"1. Declaration that the Plaintiffs are entitled to the grant of customary right of occupancy over and upon those three portions of palm trees, cocoa, kolanut farmlands situate lying and being at OLOWOREJU and FAKILE areas of WAKAJAIYE Town.
2. N1,000.00 being general damages suffered by the Plaintiff when the Defendants unlawfully seized and trespassed upon the palm trees, on the farms and reaping them without plaintiff's authority or consent.
3. Injunction restraining the Defendants, their agents, servants and privies from further acts of trespass upon the farms."
And in paragraph 52 of the Statement of Claim filed on the same day it was averred as fol…