AKINTAN JCA (Delivering the Lead Judgment): This is an appeal from the judgment delivered by Ademakinwa, J. on 31st March, 1994, at Oshogbo High Court, Osun State in Suit No. HOS/84/90. The present appellants were the plaintiffs while the present respondents were the defendants. The plaintiffs’ claim, as set out in paragraph 29 of the further amended statement of claim, is as follows:
“(i) Declaration that the plaintiffs are entitled to a statutory right of occupancy to all that piece or parcel of land situate lying and being at Obada Lane, Ede, measuring approximately 19.33 acres shown on Plan No. BK 8286 dated 15/8/90 drawn by A. Togonu Bickersteth, Licensed Surveyor, and registered as No. 6 at page 6 in Volume 1578 of the Lands Registry in the Office at Ibadan. (ii) N10,000.00 general and special damages for trespass committed by the defendants on the land in dispute made up as follows: Cost of fence broken by defendants - N5,000.00 General damages .. .. - N5,000.00 Total: N10,000…