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KUTIGI, J.S.C. (Delivering the Leading Judgment): In paragraph 29 of the Further Amended Statement of Claim, the Plaintiffs claimed against the defendants jointly and severally as follows:
"29(a)A declaration of title to all that piece and parcel of land verged PINK in Plan No. MEC/129A/72 filed with the original Statement of Claim, known as and called "Abo" land or "Ala Abo", situate at Oshina, within jurisdiction.
(b) an injunction restraining the defendants, their servants or agents, from further acts of trespass on the said land verged PINK, which is outside the portion allotted to them as customary tenants.
(c) General Damages of N200.00 for trespass."
After the filing and exchange of pleadings the case proceeded to trial at the trial the plaintiffs called a total of ten witnesses in support of their case while nine witnesses testified for the defendants.
Briefly stated the relevant facts are that the Plaintiffs claim ownership of a large area of land shown and verged PINK in t…