CHIEF OLOSHE & ANOR. V. CHIEF JOSEPH OGUNBODE

BA' ABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Ondo State High Court, sitting at Owo Judicial Division, in suit No. HOW/19/87, delivered on the 5th of July, 1994. The respondent, who was the plaintiff in the trial court commenced an action by a writ of summons, issued on 21/8/87 and claim against the defendants now appellants as per paragraphs 29 of the amended statement of claim, as follows:-

"29. Whereof the plaintiff claims against the respondents as follows:-

(a) A declaration that the plaintiff is entitled to the customary right of occupancy in accordance with the native law and custom to the piece or parcel of farmland situated and being at Oke-Oge Ugbo Ujeu camp, Ipele.

(b) N5,000 general damages for trespass committed and still being committed on the said farmland.

(c) An injunction restraining the defendants by their servants, agents and/or privies from committing any further acts of trespass on the said land."

Pleadings were…