U. A. KALGO, J.S.C (Delivering the Leading Judgment): The respondents in this appeal were the plaintiffs at the trial court, and the appellants were the defendants. In suit No. HCK/13/82 which was filed in the Kwale High Court of former Bendel State, the respondents claimed against the appellants, as per their further amended statement of claim, the following reliefs:-
"(1) A declaration that the plaintiffs are the owners in possession of that piece of parcel of land known and called Odu-Ugili land lying and situate at Ase town within the jurisdiction of this honourable court and are entitled to the customary right of occupancy.
(2) A claim of N10,000.00 (ten thousand naira) damages in that on or by early 1980 and continuing, the 5th defendant without obtaining the consent or permission of the plaintiffs trespassed into the plaintiffs' family land edged on by 1st - 4th defendants.
(3) An injunction restraining the defendants, their privies. Servants and/or agents from ever trespassin…