AWALA, J.C.A, (Delivering the Leading Judgment): The Appellants as Plaintiffs filed this action at the Oyo State High Court, Holden at Ibadan wherein they claimed as per their Amended Statement of Claim dated 23/2/90 in paragraph 23 thereof as follows:-
(i) A declaration that Ekarun Wawamosi Family is entitled to a Customary Right of Occupancy to all that piece or parcel of land, lying and being at Odo-Ona Elewe Road, Oluyole Local Government Area, Ibadan Division.
(ii) One Hundred Naira (N100.00k) being damages for trespass committed by the Defendants, when, they unlawfully entered upon the Plaintiffs' farmland, situate, lying and being ,at Odo-Ona Elewe Road, Oluyole Local Government Area, Ibadan Division and which still continues despite repeated warnings.
(iii) An Order of perpetual injunction restraining the Defendants, their agents or servants or privies or anybody claiming through them from further trespass on the said farmland, which is shown on a Plan NO.KARA/OY/MSC/09/87 DA…