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OBADINA, J.C.A. (Delivering the Leading Judgment): This is an appeal against judgment of the Old Ondo State High Court sitting at Ikere-Ekili, (now in Ekiti State). The appellants were the plaintiffs in the case, while the respondents were the defendants. In the writ of summons before the High Court, the appellants as plaintiffs claimed against the respondents as follows:.
"(1) Declaration that the plaintiffs are entitled to the Certificate of Customary Right of Occupancy in respect of a piece or parcel of land situate lying and being at Ofigba Street, Akinluaduse Sawmill Ise-Ekiti.
(2) N1000.00 being general damages for trespass which the defendants committed on the said land sometime during the year 1987 and which trespass still continues.
(3) A perpetual injunction restraining the defendants, their servants or agents from committing further acts of trespass on the said land."
At the trial, the appellants called eleven witnesses and the respondents called seven witnesses in support…