M. E. OGUNDARE, J.S.C. (Delivering the Leading Judgment): By a writ of summons issued in May 1982 (and as subsequently amended) the plaintiffs (who are now appellants before us) sued the defendant (now respondent) claiming:
"(a) a declaration that they are the persons entitled to a right of occupancy over a piece or parcel of land situate, lying and being at Sokori Abeokuta, Ogun State of Nigeria verged green excluding the area sold to Kamoru Tijani Olaiya demarcated and verged black in the amended Plan drawn by Mr. Banji Akinhanmi - Licensed Surveyor.
(b) N200.00 (Two Hundred Naira) damages for trespass committed by the defendant on the said land.
(c) Injunction to restrain the defendant, his agents, servants and privies from further trespassing on the said land."
Pleadings were ordered, filed and exchanged. With leave of court the plaintiffs subsequently filed an amended writ of summons, statement of claim and plan. The case proceeded to trial at the conclusion of which the learned …