D. IBEKWE, J.S.C. (Delivering the Leading Judgment): This is an appeal from the decision of the Ughelli High Court by Ogbobine, J., dismissing the plaintiffs' claim against the defendants for:-
"1. A Declaration of title to the piece or parcel of land at Imodje and described as "IMEGBO LAND" at Orogun in Eastern Urhobo Division.
2. The sum of 50pounds being general damages for trespass on the said Imegbo land; and
3. Perpetual Injunction restraining the defendants, their servants and/or agents from further going on the said Imegbo land."
Pleadings were ordered and filed. The plaintiffs, in a somewhat unwieldy Amended Statement of Claim running into 28 paragraphs, averred that they are the owners of the land in dispute, and that this has been so from time immemorial. As is usual in these cases, the plaintiffs traced their traditional history; they also pleaded maximum acts of ownership and possession over a very long period.
On their part, the defendants, in a lengthy Amended Statemen…