UWAIS, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Benin, which had on the 29th day of April, 1987 allowed an appeal by the defendants from the decision of Obi, J. sitting at Agbor in the High Court of former Bendel State.
The plaintiffs claim against the defendants, in the action which was brought in 1969, as per their amended Statement of Claim is as follows:-
"Whereupon the plaintiffs' claim from the defendants jointly and severally are (sic) as follows:-
(a) Declaration of title on the said land.
(b) N400.00 (four hundred naira) damages for trespass and
(c) injunction restraining the defendants their agents and or servants from further trespass on the plaintiffs land."
The case of the plaintiffs, who sued in a representative capacity, as revealed by their Amended Statement of Claim and supported by evidence may be stated as follows. The plaintiffs belong to two villages which are called Idumu-Esegbana and Idumu-Ozoba. B…