OGUNTADE JSC (Delivering the Lead Judgment): The appellants were the plaintiffs at the Sapele High Court of the old Mid-Western State of Nigeria where they claimed as the representatives of the Enegware Ovwere and Osebakpor families of Ughoton Okpe clan against the respondents as the representatives of Okere village jointly and severally for the following reliefs:-
“(a) A declaration that the piece or parcel of land known as Ogbele land lying and situate in Ughoton but more particularly described and edged pink in survey plan No. TJM 1434 made on the 3rd day of April, 1973 by Theophilus John Esq., licensed surveyor and counter-signed by the Surveyor-General, Mid- West State of Nigeria on the 8th day of October, 1973 and filed with this statement of claim is the exclusive and beneficial property of the plaintiff and their Enegware, Ovwere and Osebakpor families of Ughoton town, Okpe clan, Western Urhobo Division.
N600.00 (six hundred naira) damages for trespass on the said land.
A…