ADAMU, JCA(Delivering the Lead Judgment): The plaintiffs/appellants (hereinafter referred to as “the appellants”) instituted an action against the defendants/respondents (hereinafter referred to as “the respondents”) at the High Court of Justice Ile-Ife on 18/11/88, claiming the following reliefs:
“(i) Declaration that the land situate lying and being at Baale Agbo
Village via Apomu as shown and marked “Red” in survey plan No. PFY 971 drawn by P.F.O. Ogunleye licenced surveyor attached to the amended statement of claim marked Exhibit ‘A’ is the property of Akinremi Igbawusi family.
(ii) Injunction restraining the 1st to 3rd defendants jointly and severally from reaping the plaintiff’s cocoa trees, palm trees , kola trees and stop damaging their crops on all the area of land shown on the survey plan No. PFY 971 marked Exhibit ‘A’ excluding the area marked “blue”.
On the above claims, pleadings were ordered and exchanged and both parties called their witnesses and tendered some exhibits. …