UZO IFEYINWA NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ondo State delivered by Hon. Justice S. A. Bola on 17th day of June, 2008.
The Plaintiffs/Appellants commenced this action vide a Writ of Summons HOK/75/2003 dated 28th August 2003 and filed 1st of September 2003.
In the Writ of Summons and Statement of Claim, the Plaintiffs/Appellants claim as follows:
1. A DECLARATION that the Plaintiffs family of Obele is entitled to the Customary Right of Occupancy over the parcel of land situate opposite Mogonhen-Obele Community in Ugbo Kingdom in Ilaje Local Government Area of Ondo State. The said land is situate between the main canal and Atlantic Ocean opposite Mogonhen-Obele Community in Ugbo Kingdom.
2. N10,000,000 (Ten Million Naira) general damages for trespass committed by the Defendants on the said land.
3. An order of perpetual injunction restraining the Defendants, their servants, agents and privies from dealing…