OBASEKI, J.S.C. (Presiding and Delivering the Leading Judgment): The main issue raised for determination in this appeal is as to the absence of any locus standi in the plaintiffs'/respondents' to institute the proceedings in respect of which the judgment delivered in the High Court led in the first instance, to the appeal to the Court of Appeal, and now, in the second instance, a further appeal to this Court from the judgment of the Court of Appeal.
The claim before the High Court of Bendel State, Sapele, was a simple claim of damages for trespass and an order of perpetual injunction. More particularly, the endorsement on the writ of summons reads:
"The plaintiffs claim from the defendants jointly and severally as follows:
(a) ₦200.00 damages for trespass as a result of the defendants' entry in February and March, 1975 into the plaintiffs' land at Okweka village in Jesse clan within the Sapele Judicial Division to plant food and economic crops without the consent of the plaintiff. …