ADEKEYE, JCA (Delivering the Lead Judgment): This is an appealagainst the judgment of the Ibadan High Court, Oyo State, delivered on 22/ 5/96 in suit No. 1/677/90. According to the endorsement of the writ of summons and averments in paragraph 30 of the statement of claim, the claims before the trial court read:- “Whereof the plaintiff claims against each of the defendant the sum of N5,000 being damages for their refusal to vacate the plaintiff’s land and for acts of trespass on the said land at Ikereku Village, Ijebu Road -Ibadan (2) Injunction restraining each of the defendants, their servants, agents, privies or any other person claiming through them from further trespassing on the said land”.
Parties filed and exchanged pleadings. The matter proceeded to trial on the further amended statement of claim of the plaintiff and his amended reply to the statement of defence, and the statement of defence of the defendants. The plaintiff, G. O. Onibonoje joined issues with the defendants M…