IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): At the Ilorin Judicial Division of the High Court of Justice, Kwara State, the Claimants (now Respondents) took out a Writ of Summons against the Defendants (now Appellants) claiming jointly and severally in both the Writ and Amended Statement of Claim the following Reliefs:-
i. A DECLARATION that the 1st Claimant is the Customary Owner of the parcel of land situate at Olujuwon Compound Abata Oloje Ilorin, Kwara State.
ii. A DECLARATION that the Defendants are trespassers on the said parcel of land.
iii. An ORDER of perpetual injunction restraining the Defendants, their agents, servants, privies or any person deriving title under from further act of trespass.
iv. An ORDER of perpetual injunction restraining the Defendants their agents, servant, privies or any person of trespass on the aid land or dealing with the same in any manner inimical to the interest of the Claimants.
v. A sum of N200,000.00 as damages against the De…