WALTER SAMUEL NKANU ONNOGHEN, J.S.C, (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal holden at Ibadan in Appeal No. CA/I/75/93 delivered on the 22nd day of March, 2001 in which the court affirmed the judgment of the High Court of Ogun State, Holden at Abeokuta in Suit NO. AB/22/84 delivered on the 27th day of November, 1985.
By a writ of summons at pages 1 and 2 of the record of appeal, the appellants, then plaintiff's claimed against the respondent/defendant the following reliefs:-
"(i) Declaration that the plaintiffs are entitled to apply for the Certificate of Occupancy over the piece or parcel of land situate, lying and being at Idi-Aba quarters of Abeokuta Ogun State of Nigeria.
(ii) N500.00 (five hundred naira) damages against the defendants for the trespass committed on the land when the defendant without the permission or consent of the plaintiffs entered the land and together with their servants and agents cleared it and starte…