OLATAWURA, J.S.C. (Delivering the Leading Judgment): The land in dispute has been claimed by both parties as being their family land. It was in 1981 that the respondent (hereinafter referred to as the Plaintiffs) took out a writ of summons against the appellants (hereafter called the defendants) after an alleged trespass by the defendants in 1980 and claimed the following reliefs:
"(a) N10,000.00 being special and general damages for trespass committed by the defendants.
(b) Injunction restraining the defendants, their servants, agents and others claiming through them from committing further trespass on the said land."
Pleadings were ordered, filed and exchanged. Both parties relied on traditional evidence and various acts of ownership. The plaintiffs' action was in a representative capacity while the defendants were sued personally.
The plaintiffs traced their root of title to their ancestor, one Akinfenwa Akoju, a warrior and a hunter who hailed from Oyo Ile and came to settle at…