CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): The respondents in this appeal were the plaintiffs at the Ondo State High Court Akure where as the representatives of the Osule family of Igbara-Oke they claimed against the appellant as follows:-
(a) A declaration of customary title in respect of family farmland situate and lying at Ajebamidele village in the premises of Osule family of Ajebamidele.
(b) General damages for trespass to the tune of N250,000.00
(c) Order of perpetual injunction restraining the defendant, her servants and agent or privies from further trespass on the said farmland.
The parties filed and exchanged pleadings. The appellant as defendant at the lower court filed a 29 paragraph amended Statement of defence with a counter claim denying all the claim and reliefs sought by the respondents. The counter-claim is not in respect of title. The appellant's counter-claim reads:
"Whereof the defendant claims for the sum of Two Hundred and Fifty Thousand N…