STANLEY SHENKO ALAGOA, J.C.A. (Delivering the Leading Judgment).: This is an appeal against the judgment of J. O. Bada J. of the High Court of Justice Ila Orangun, in the Ila Orangun Judicial Division of Osun State of Nigeria in Suit No. HLR/29/93 TIAMIYU OGUNYOMI and ANOR (For themselves and on behalf of the Olode Ogunyomi family) v. Oladosu Ogundipe and anor delivered on the 23rd October, 1997. In the said Suit, the present Appellants as Plaintiffs had by paragraph 19 of their amended statement of claim and plan dated the 8th May, 1996 claimed against the Respondents as Defendants and as per their writ of summons as follows:
(a) Declaration that the Plaintiffs are entitled to the customary right of occupancy of the piece or parcel of land situate, lying and being at Otowu Village, Aran Orin road, Ila Orangun and it is edged RED on plan No: OS/0560/94/L.103 drawn by I. O. Aiyegbayo licensed surveyor on 30/3/94.
(b) The sum of N20, 000:00 being special and general damages for trespass…