<p><strong> AKINTAN, JCA (Delivering the Lead Judgment): </strong> The present appellants were the defendants in this action which was instituted at Abeokuta High Court in Ogun State as suit No. HCL/26/83. The present respondents were the plaintiffs. The dispute that led to the institution of the action was over a portion of a vast landed property which the plaintiffs claimed. The plaintiffs’ claim as indorsed on their writ of summons is for: “1. A declaration that the plaintiffs are entitled to the right of occupancy over an area of land situate, lying and being at Ore village via Iju Otta, Ogun State.</p><p>N200 damages for trespass committed by the defendants, by going on to the land in dispute and erecting a structure thereon.</p><p>An order of injunction restraining the defendants, their servants, agents and privies from committing any further acts of trespass on the land in dispute.”</p><p>The parties filed and exchanged pleadings. The case was eventually tried before Sofolahan J. The plaintiffs led evidence in support…</p>