TABAI, JCA(Delivering the Lead Judgment): This judgment is sequel to A an appeal lodged in this court against the decision of the High Court of Oyo State. The decision was on the 30th of June 1987. The claim of the plaintiffs, who are the respondents herein, againstthe defendant, who is appellant herein, was for - “1. A declaration to a statutory or customary right of occupancy to all that piece or parcel of land verged red in plan No. APAT/ OY/O6/1986 (excluding the area verged green).
N10,000.00 damages for trespass committed by the defendant in respect of the said parcel of land sometime in December 1984 which trespass is still continuing.
Perpetual injunction restraining the defendant, his servants , agents and privies from committing further acts of trespass on the land in dispute.” Altogether, seven grounds of appeal were filed. These were made up of three original grounds and four additional ones. The grounds, without their particulars, are:- “1. The learned trial Judge erred i…