KUTIGI, J.S.C. (Delivering the Leading Judgment): At the High Court, holden at Ibadan, the plaintiffs' claims as formulated in paragraph 32 of their amended statement of claim is for:-
"(1) Declaration that their entire family [is] entitled to a statutory right of occupancy in respect of the area in dispute.
(2) N400.00 (Four hundred naira) damages for trespass committed by the defendants on the land in dispute.
(3) Perpetual injunction restraining the defendants, their servants and or their agents or anybody claiming through them from any further acts of trespass."
By paragraph 35 of their further amended statement of defence and counter-claim, the defendants counter-claimed when they averred thus:-
"35. The defendants will at the trial of this action counter-claim for themselves and on behalf of other members of Ojokolobo family as follows:-
(a) Declaration to statutory right of occupancy over that area of land VERGED RED on plan No. AK 2443/0Y attached to this amended statement …