MOHAMMED, J.C.A. (Delivering the Leading Judgment): The parties in this appeal were before Elelu-Habeeb J. of the Kwara State High Court of Justice sitting at Offa where the appellants as plaintiffs claimed in their writ of summons the following reliefs -
"(a) Declaration that the plaintiffs are the persons entitled to a customary/statutory Right of Occupancy over and above all that piece or parcel of land being, lying and situate at MAGBON AREA ERINILE, particularly the land called Am Family land.
(b) The sum of N2,000.00 being damages for trespass and waste committed on the land by the defendant.
(c) An Order of perpetual injunction restraining the defendant by himself, agents, servants, privies and others deriving title under him howsoever from disturbing trespassing, dealing with or in any other way tamper with the plaintiffs peaceable possession of the parcel of land."
After the exchange of pleadings between the parties, the case went into full trial in the course of which the ap…