JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Ondo State High Court Akure Judicial Division delivered on 6th July 2011 by Adegbehingbe J. at Akure. The Appellants were the Plaintiffs at the lower Court. The Respondents were the Defendants/Counterclaimants.
The claim of the Appellants at the lower Court was for the following:
A. N20,000,000 (Twenty Million Naira) only general damages for the trespass committed and still being committed by the Defendants on the parcel of land known as Oke-Eri lying and situate at Oba-Ile, Akure North Local Government Area and bounded on the 1st side by the School of Agriculture Akure on the 2nd side by Omodara Family Layout, on the 3rd side by Benin/Owo Garage, Akure and on the 4th side by Akure-Owo Benin Express High way.
B. AN ORDER OF PERPECTUAL INJUNCTION restraining the Defendants either by themselves, servants, agents, assigns and privies from further committing any acts of trespass o…