ONU, JSC. (Delivering the Judgment by the Court):
This is an appeal against the decision of the Court of Appeal sitting in Benin City, which on 7th December, 1990 dismissed in its entirety the defendants/appellants’ appeal from the trial Court’s decision wherein the plaintiffs/respondents had claimed in their writ of summons against the defendants/appellant in the following terms:-
(a) A declaration of title to all that piece or parcel of land known as and called Erawha lying and situate in Erawha village Owhe Clan in Isoko Local Government Area, Bendel (now Delta) State of Nigeria within the jurisdiction of the Honorable Court, the extent of the land in dispute being shown and verged green and red on Amended Survey Plan No. E.R. 1724 tiled with this Amended Statement of claim.
(b) The sum of N300.00 (three hundred naira) damages for trespass by the defendants to the plaintiffs’ Erawha land aforesaid sometime in April, 1975 and
(c) An order of perpetual injunction to restrain the defendan…