ALI ABUBAKAR BABANDI GUMEL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Ondo State High Court,Owo Division in Suit No.HOW19/08 delivered on the 8th day of October, 2010.
The Respondent as the plaintiff at the lower court sought for the following declaratory and injunctive reliefs as well as damages for trespass. They are:-
'(a) A declaration that the orders made in suit No. HOW/21/86 and HOW/31/99 in respect of the land tying and being in Oyoyo farmland along Owo-Ifon Road, Owo particularity verged RED on survey plan No. AB/AD/87/08 are still valid and subsisting in favour of the plaintiff.
(b) A declaration that the defendants are trespassers on the land in dispute.
(c) An order for perpetual injunction restraining the defendants, their agents and or privies from further paying any visits to the land in dispute.
(d) The sum of N1 Million Naira General Damages against the defendants jointly and severally."
The Appellants as the Defendants at th…