KUTIGI, J.S.C. (Delivering the Leading Judgment): The plaintiffs, now respondents, sued the appellants as defendant, in the Ondo State High Court, holden at Ondo and claimed as follows:-
"1. Declaration of title to and possession of all that piece or parcel of land, bush and water called Uba Ikorigho now known as Otumara Mogun Ohen situate, lying and being at Odonla Town in Ugbo area in Okitipupa Division.
2. Perpetual injunction restraining the defendants, their servants, agents and/or all persons claiming through them from entering or doing any act e.g. cutting trees or harvesting fishes in the river upon the said land, bush and water.
3. N1,000 or (500pounds) being General Damages for trespass committed by the defendants upon the piece or parcel of the said land, bush and water."
After the filing and exchange of pleading the case proceeded to trial. At the trial the respondents called three witnesses while the appellants called two. The facts are straight forward. The respondents c…