<p>UZO IFEYINWA NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ondo State delivered by Hon. Justice S. A. Bola on 17th day of June, 2008.</p><p>The Plaintiffs/Appellants commenced this action vide a Writ of Summons HOK/75/2003 dated 28th August 2003 and filed 1st of September 2003.</p><p>In the Writ of Summons and Statement of Claim, the Plaintiffs/Appellants claim as follows:</p><p>1. A DECLARATION that the Plaintiffs family of Obele is entitled to the Customary Right of Occupancy over the parcel of land situate opposite Mogonhen-Obele Community in Ugbo Kingdom in Ilaje Local Government Area of Ondo State. The said land is situate between the main canal and Atlantic Ocean opposite Mogonhen-Obele Community in Ugbo Kingdom.</p><p>2. N10,000,000 (Ten Million Naira) general damages for trespass committed by the Defendants on the said land.</p><p>3. An order of perpetual injunction restraining the Defendants, their servants, agents and privies from dealing…</p>