OGBEIDE AIKHIONBARE-OHEN-ERIARIA OF EVBORIARA & ORS V. UYIEKPEN OMOREGIE ENOGIE OF EVBUOBA-OHEN VILLAGE & ORS

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): The plaintiffs, who are the respondents in this appeal, sued the defendants, the appellants before the court, in Suit No. B/135/75 at the High Court of Bendel State (then known as the Mid-western State) and The Plaintiffs' claims against the defendants are for:

(1)A declaration of title to that piece or parcel of land known as "Evbuoba-Ohen land" at Evbuoba-Ohen village, Benin/Sapele Road, Ward 37B, Benin City District in the Benin Judicial Division. The dimensions and abuttals of which are sufficiently shown in the plan to be filed later. And value of land is -

(2) The sum of 100pounds being damage for trespass on the said land in that between September 1971 and 1972 the defendants, their agents or servants broke and entered upon the said land without plaintiffs' permission.

(3)Injunction restraining the said defendants, their agents or servants from further acts of trespass on the said land".

On decided authorities, and, this…