I. L. KUTIGI, J.S.C. (Delivering the Leading Judgment): In the High Court of Justice holden at Ibadan, the plaintiffs claim as follows:
"(a) Special damages
(i)Cost of replacing Survey Pillars destroyed
(ii)200 Trees of Oranges at N5.00 each
(iii)150 Trees of Cocoa at N10.00 each
(iv)20 Palm Tress at N3.00 each
(v)20 Pawpaw Trees at N2.00 each
(vi)240 Tipper lorries of laterite at N10 each
TOTAL = N15,000.00
(c) An order of perpetual injunction restraining the defendants, their servants, agents and or privies from committing further acts of trespass on the said land."
After the filing and exchange of pleadings between the parries the case proceeded to trial. At the trial seven witnesses testified for the plaintiffs while the defendants called eight witnesses.
The case for the plaintiffs was simply that one Anla Apako originally settled on the land in dispute. After his death the land was inheri…