KUTIGI, J.S.C. (Delivering the Leading Judgment): At the Onitsha High Court the plaintiffs claimed against the defendants jointly and severally as follows:-
"(a) N50,000.00 (Fifty Thousand Naira) being general damages for trespass.
(b) Perpetual injunction restraining the defendants, their servants and agents from further acts of trespass in the land in dispute."
Pleadings were ordered, filed and exchanged. The case then proceeded to trial.
At the trial both sides led evidence in accordance with their pleadings. The learned trial Judge Awogu J., (as he then was) reviewed the evidence and argument of counsel and found in favour of the plaintiffs on page 164 of the record as follows:-
"I find from the facts before me that the plaintiffs have proved a better title to the land in dispute verged GREEN less the above areas lost as a result of oath-taking.
The area of trespass is shown verged PINK on Exhibit A. The trespass is not denied. What is more, the defendants also admit alienating to…