CHIDI NWAOMA UWA, J.C.A (Delivering the Leading Judgment): The appeal is against the judgment of the High Court of Oyo State, presided over by M.A. Owoade J, (as he then was) who entered judgment for the Respondents for trespass and injunction, as plaintiffs, in terms of paragraph 21 of their statement of claim.
The Respondents as plaintiffs claimed against the appellants in a representative capacity as defendants as follows:-
(1) N50,000 damages for trespass committed and still being committed by the defendants on the plaintiffs property situate, lying and being on Agidi Family land at Itutaba, more particularly delineated in the plan to be filed hereafter.
(2) INJUNCTION restraining the defendants by themselves, their agents, servants and or privies or otherwise howsoever from committing further acts of trespass on the land.
Dissatisfied with the judgment the then defendants appealed to this Court vide their Notice of appeal dated 26th May, 2005 containing six (6) grounds of appeal…