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D. O. COKER, J.S.C. (Delivering the Leading Judgment): In the High Court of Bendel State, the plaintiff, on behalf of the Arumona Family of Aboh, claimed from the three defendants - .
(1) damages for trespass, in that they entered the land in dispute at a place called and known as Ani Obodo (Uyi-Oji) in the Ndokwa Local Government Area in Bendel State, "and began fishing in the lakes or ponds encompassed by it, namely, Oforboh fishing pond indiscriminately, killing young fish put in there for breeding purposes by the plaintiff," and
2) an order of injunction restraining them from further acts of trespass on the land and the fishing ponds or lakes.
Pleadings were filed and amended by both parties and the plaintiff filed a plan which was admitted in evidence by consent. The surveyor who prepared it was not called to give evidence as it was common ground that the identity of the lakes was not in issue.
The parties called evidence. The plaintiff himself and another member of his family (…