ADIO, J.S.C. (Delivering the Leading Judgment): The appellants, for themselves and on behalf of members of Akuku Community, in the High Court of the defunct Bendel State, Auchi Judicial Division, sued the respondents, for themselves and on behalf of Ojirami Community claiming:
"(i) A declaration that the plaintiffs are entitled to the customary right of occupancy of all that piece or parcel of land shown and verged pink in survey plan No. LSF 2757 filed in this suit.
(ii) ₦250,000 being general damages for the defendants' trespass on the said land.
(iii) Perpetual injunction restraining the defendants whether by themselves, their agents or servants or otherwise howsoever from committing further acts of trespass on the said land."
Pleadings were duly filed and exchanged. With the leave of the Court, the Statement of Claim filed by the appellants and the Statement of Defence filed by the respondents were amended. The evidence led by the appellants was that two ancestors of members of Ak…
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