A. O. OBASEKI, J.S.C. (Delivering the Leading Judgment): The appellants were defendants in Suit No. A30/72 instituted by the respondents at Asaba in the Asaba Judicial Division of the High Court of Justice, Mid-Western State (now Bendel State) of Nigeria wherein the respondents as plaintiffs claimed by their Writ of Summons and paragraph 20 of the Statement of Claim:
"(a) A declaration that the plaintiffs are entitled to the exclusive possession of that piece and parcel of land lying and situate in Asaba within the Asaba Judicial Division known as Akwulo land as shown on and verged in pink in plan No. LSU 624 filed by the plaintiffs in this suit;
(b) N4000 (Four Thousand Naira) damages for trespass; and
(c) An injunction restraining the defendants, their servants or agents and each of them from committing further acts of trespass on the said land."
In compliance with the order of the trial court, pleadings were duly filed and served or delivered and the matter came up for hearing bef…