A. O. OBASEKI, J.S.C. (Delivering the Leading Judgment): I dismissed this appeal on the 15th day of March, 1988 after hearing counsel's submissions and ordered the case to be remitted to the High Court of Oyo State, Ibadan for hearing de novo. I then reserved my reasons for the judgment till today and I now proceed to give them.
The appellant in this matter initiated proceedings in this matter by filing a claim in the Ibadan City No. 1 Grade A Customary Court in May, 1972.
The claim was for:
"1. Declaration of title to a piece or parcel of land situate at Poponla heyond Molete, Ibadan in Western State of Nigeria the boundaries of which shall be clearly shown in a survey plan to be filed, later in the action.
2. 50.00 being general damages for trespass committed by the defendant, his servants/or agents on the said land on or about July, 1969 and still continuing;
3. Injunction to restrain the defendants, his servants/or agents from entering or committing further trespass on the said …