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A. O. OBASEKI, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of Akpovi, J., delivered in the High Court of Mid-Western State (now High Court of Bendel State) sitting at Ubiaja on the 12th day of October, 1975.
Before that court, the plaintiffs who are respondents in this appeal claimed:
(a) Declaration of title to that piece or parcel of farmland lying and situate at Ikeken bush in Ewohimi which is particularly described and delineated (and edged) PINK in Survey Plan No. WE1942 filed by the plaintiffs along with their statement of claim;
(b) Perpetual Injunction restraining the defendants servants, agents or privies from entering the said land or doing anything on the land inconsistent with the plaintiffs' right of ownership;
(c) Five hundred Naira damages for trespass.
The defendants who are appellants herein filed a counter-claim wherein they claimed against the plaintiffs:
(a) A declaration of title to the parcels of land verged green and pink in bot…