EJIWUNMI, J.S.C. (Delivering the Leading Judgment): In this case we had before us an appeal against the judgment of the Court of Appeal, Ibadan Division, consisting of Muktar, Salami and Nsofor (JJCA). The proceedings before the court below arose from the judgment of the High Court in Suit No. 1/433/88. In that suit, the appellant as plaintiff, instituted the action in a representative capacity for herself and on behalf of the Olusokan family, against the respondents. The reliefs sought were for (i) declaration of title; (ii) N50,000 for special and general damages for trespass committed by the respondents, their servants, agents, privies and all other persons coming to the land since May, 1988; and (iii) injunction to restrain the respondents, their servants agents, privies and all others coming to the land to lay it waste or in anyway howsoever dealing with the land to the detriment of the appellant.
Pleadings were ordered, filed and exchanged. At the trial, both parties called evid…