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OPUTA, JSC (Delivering the Leading Judgment): The Plaintiffs/Appellants claimed in the Court of first instance the following:-
1. "A declaration of title under Native Law and Custom to all that piece or parcel of land situate lying and being at Oke Obara, along Ondo/Akure Road, Ondo, which is more particularly shown and verged Red in plan No. JFO 6642 ........
2. ₦1,000.00 being general damages for trespass.
3. Perpetual injunction restraining the Defendant, his servants, agents and privies from committing further acts of trespass on the said land."
Pleadings and plans were ordered, filed and duly exchanged. Either party in the course of the proceedings amended its original pleading and the case was ultimately fought on the Amended Statement of Claim and the Amended Statement of Defence. After due trial on relevant and available evidence Afonja, J. of the Ondo State High Court dismissed the plaintiffs' claims as contained in the writ and their pleadings.
Dissatisfied and aggrieved the…