S. KAWU, J.S.C. (Delivering the Leading Judgment): In the Asaba Judicial Division of the High Court of Bendel State, the respondent in this appeal (who had since died but substituted by the Order of the Court of Appeal by his son, Felix Aninye Adigwu) as plaintiff, instituted an action against the appellants, claiming:
"(a) Declaration that the plaintiff is the owner of a parcel of land situated at Umuojife land Asaba which piece or parcel of land shall be particularly delineated in a plan to be filed later. Annual value of the land is N20.00 (Twenty Naira);
(b) N800.00 (Eight hundred Naira) damages for trespass in that on or about the 14th day of August, 1974, the defendants and/or their servants and agents broke and entered the piece or parcel of land of the plaintiff without permission or consent of the plaintiff (c) Injunction restraining the defendants, their servants and/or agents from further acts of trespass on the said piece or parcel of land."
A plan of the land in dispute …