CHIEF YAKUBU KAKARAH & ANOR V. CHIEF OKERE IMONIKHE & ORS

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): The respondents to this appeal, as plaintiffs in the High Court, Auchi, Mid-Western State, had sued the appellants, as defendants for:

"1. A declaration of title to a piece of land known as OWEMI land in Uzairue Clan, Etsako Division within the Ubiaja Judicial Division and will be more properly defined in a plan to be filed thereafter.

2. The sum of 200 Pounds being general damages for trespass (committed by the defendants between 1964 and 1968 upon the said land).

3. Perpetual injunction restraining the defendants and their agents or servants from further trespass on the said piece of land."

The parties duly filed their pleadings and hearing in the case commenced on the 20th January, 1971, and ended with the addresses of counsel on the 30th March, 1971 on which date the learned trial judge reserved judgment in the case indefinitely. Judgment was eventually delivered on the 13th April, 1971 on which date and before delivering h…