NNAMANI, JSC (Delivering the Leading Judgment): This is one more case in the series starting with the decision of this Court in Dominic Ifezue v. Mbadugha (1984) 5 S.C. 79. That case of course dealt with the interpretation of Section 258(1) of the Constitution of the Federal Republic of Nigeria, 1979 (hereinafter known as the Constitution).
The short constitutional point taken in this appeal came about this way. In Suit No. 1/38/80 in the Ibadan Judicial Division of Oyo State, the respondents, as Plaintiffs, sued the appellants as defendants claiming as follows:-
"(a) Declaration that the entire members of plaintiff's family are entitled to Statutory right of occupancy in respect of their family farmland situate, lying and being at Aromona village, Olojuoro Road, Ibadan, Oyo State of Nigeria which farmland had been in effective possession of the plaintiff's family from time immemorial.
(b) ₦400 damages for trespass committed by the defendants, their servants and agents.
(c) Injunction…