AKINTAN, J.C.A. (Delivering the Leading Judgment):- This is an appeal by the defendants from the judgment of Bazunu, J. delivered at Kwale High Court in Delta State on 12/5/89 in Suit No. HCK/32/83. The present appellants were the defendants at the lower court while the respondent was the plaintiff. The plaintiff's claim against defendants jointly and severally as formulated in the further amendment to amended statement of claim is for (a) N115, 500.00 special damages for trespass to economic trees, cash crops, animals and fish ponds; (b) N40.000.00 general damages; and (c) perpetual injunction restraining the defendants or their agents from further committing acts of trespass on the land in dispute.
The land in dispute, as pleaded in paragraph 5 of the further amendment to amended statement of claim is situated in Okoliri Village in Afor in Ndokwa Local Government Area of Bendel State and is verged pink on plan No. 1002/A of 1941 and which was tendered and marked as Exhibit "A" in su…