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UWAIS, J.S.C. (Delivering the Leading Judgment): The appellants were the plaintiffs in a suit which they brought against the respondent as defendant in the High Court of Bendel State, holden at Ughelli. The plaintiff's claims as per their statement of claim were as follows -
"(1) A declaration that the Plaintiffs are the occupiers of the piece of land shown on Survey Plan No. ECBS 355/80 filed with this Statement of Claim.
(2) N7,000.00 being special and general damages for the trespass committed by the Defendants and/or her Servants (and) Agents when sometime in January, 1980,they entered the land and destroyed rubber trees belonging to the Plaintiffs and started building operation.
(3) Perpetual injunction against the Defendant and/or her servants and agents from further acts of trespass, and/or interference with Plaintiffs' possession."
Pleadings were ordered, filed and served. At the trial the 1st appellant as the 1st plaintiff, testified and called two witnesses, one of whom (P.…