E. O. AYOOLA, J.S.C. (Delivering the Leading Judgment): This is a second appeal from the decision of the High Court of Ondo State (Adeloye CJ) entering judgment for the plaintiffs (now "the respondents") against the defendant (now "the appellant") for damages for trespass and restraining the defendant, his agents, privies and all those acquiring through him from continued trespass on land which the trial judge described as the said Fagbamila Falae of Esiran land." The plaintiffs had claimed in addition to damages for trespass and injunction, "a declaration of title to Statutory Right of Occupancy of a piece or parcel of land situate lying and being at Ilula-Udo, "and an order voiding the purported sale of a portion of the said land to the defendant and some other person yet unknown to the plaintiffs."
The trial Judge (Adeloye CJ), set out the plaintiffs' claim at the beginning of his Judgment, but at the end of his Judgment he did not award any declaration. Also, in regard to the orde…