OPUTA, J.S.C (Delivering the Leading Judgement): The Appellants who were Plaintiffs in the court of first instance sued the Respondents who were the defendants claiming as follows:
"1. Declaration of title to all that piece or parcel of land known as and called 'Ogorode' situate at Afiesere Bush, Ughelli within the jurisdiction of this Honourable Court.
2. An Order of the Honourable Court that an alleged pledge of part of the said Ogorode by one Emunotor (now late of the Plaintiffs family to one Idiarhoewvwe (now late) the ancestor of the Defendants family is null and void and of no legal consequence OR in the alternative an Order of this Honourable Court that the said portion of land allegedly pledged to Idiarhevwe by Emunotor aforesaid be redeemed.
3. An Order of perpetual injunction to restrain the defendants, their agents and/or servants from further entering upon the said land.
4. 100 (One hundred pounds) damages for trespass committed by the defendants, their agents and/or s…