IBIYEYE JCA (Delivering the Lead Judgment): This is an appeal against the final judgment of Ekpo J. of the Calabar Judicial Division of the High Court of Cross River State in suit No. C/261/97 delivered on the 24th of January 2003 in favour of the defendant now respondent against the plaintiffs now the appellants. In strict compliance with the pertinent rules of procedure, the parties exchanged pleadings. The defendant subsequent to filing his statement of defence and counter-claim filed a motion on notice on the 2nd of March, 1998 to amend his statement of defence and counter-claim without moving it. The plaintiffs,in paragraph 16 of their joint statement of claim, sought the following reliefs against the defendants: “(a) The sum of N500,000.00 (five hundred thousand naira) being general damages for trespass committed by the defendant in April, 1997 and without the plaintiffs’ consent first obtained the defendant entered the EffiongEssien family land/oil palm estate at Nkakat Effio…