M. L. UWAIS, J.S.C.(Delivering the Leading Judgment): In this appeal the appellants, as plaintiffs, filed an action on 18th December, 1974 in the High Court of Western Nigeria (now High Court of Oyo State) at Oyo, against the respondents, as defendents. There were originally 10 defendants to the action but one of them Michael Opeoluwa died before the trial of the case commenced.
The plaintiffs' claims, as stated in - their amended statement of claim, are as follows
"(1) The sum of N5, 000.00 being general damages for continuing trespass committed by the defendants on the plaintiffs' land situate at Onikainkain Farm Iseyin District sometime in September 1973.
(2) Injunction to restrain the 2nd - 10th defendants, their servants or agents from committing further acts of trespass on the said land or further entry thereon and to restrain the 1st defendant from further disturbing the occupation of the plaintiffs on the said land.
(3) A declaration that the 1st defendant has no right to dis…