J.B.OGBECHIE & ORS. V. GABRIEL ONOCHIE & ORS.

A. O. OBASEKI, J.S.C. (Delivering the Leading Judgment): The proceedings leading to this appeal were first initiated in the High Court of Justice of Bendel State, Ogwashi-Uku Judicial Division at Ogwashi-Uku on the 23rd day of August, 1976. In that court, the appellants' claim against the defendants stated in the writ of summons read:

"(1) Declaration of title to that piece and parcel of land known and called "Umuolu family land" situate and lying at "Umuolu Village, Ezi town within Ogwashi-Uku Judicial Division which said piece or parcel of land as to its area, position and boundaries will be shown on the survey plan to be filed by the plaintiffs in court. The annual rental value of the said land does not exceed N10.00;

(2) N2,000.00 (two thousand Naira) damages for trespass; the defendants being fully aware that the plaintiffs have been in undisturbed possession of the said land, he, his servants and/or agents have been committing acts of trespass on the said land;

(3) Injunction r…