KUTIGI, J.S.C. (Delivering the Leading Judgment): In the High Court of Akwa Ibom State holden at Eket, the plaintiffs claimed against the defendants as follows:-
(1) A declaration that the land known as Odoro Ndiso and shown on plaintiffs' plan is the land of the plaintiffs.
(2) N4,000.00 damages for trespass.
(3) An injunction to restrain the defendants by themselves, their servants or agents from continuing or repeating any act of trespass on the land in dispute.
(See paragraph 22 of the amended statement of claim which supercedes the writ).
After the filing and exchange of pleadings, the case proceeded to trial. At the trial the plaintiffs called six witnesses in support of their respective cases. Counsel on both sides addressed the court. In a reserved judgment, the learned trial Judge entered judgment for the plaintiffs in respect of their claims for a declaration of title and perpetual injunction in respect of the piece of land known and called Odoro Ndiso. The claim for damage…