OLUFUNLOLA OYELOLA ADEKEYE, J.S.C. (Delivering the Leading Judgment): The parties in this appeal commenced an action before the High Court of Justice, Ondo State in the Ondo Judicial Division. The respondents-cross appellants as plaintiffs before the trial court sued the 1st appellant/cross-respondent claiming as follows:-
(ii) N100 per day from the 1st December, 1989 as agreed penalty until possession is given up
(iii) N100,000 damages for trespass committed by the 1st defendant, his agents and privies to Chief E. A. Akinkugbe's land to the North and West of the area granted to the 1st defendant by the plaintiffs in 1972 which is verged black in the survey plan by G. G. Okunsanya dated 2nd June, 1992.
(iv) Perpetual injunction restraining the 1st defendant from committing further acts of trespass over the land referred to in (3) above.
The 2nd appellant who was joined as 2nd defendant by the Order of the High Court dated 26th July, 1990, counterclaimed against the r…