<p>SAKA ADEYEMI IBIYEYE, J.C.A. (Delivering the Leading Judgment): The two actions, albeit in a representative capacity, which culminated in this appeal were separately instituted by the appellants and the respondents as plaintiffs.</p><p> The first of the two actions which was instituted by the appellants on the 31st July, 1979 in Suit No. UHC/36/79 on behalf of the Arhavwarien community sought in their paragraph 15 of their Further Amendment Statement of Claim the following reliefs:</p><p> &quot;(i) A declaration that the plaintiffs and the defendants have been from time immemorial joint users of all that piece or parcel of land lying and situate between Egbayan parcel of land and Arhavwarien creek/river within the jurisdiction of this Honourable Court, the extent and features of which are shown on the Plan No. TJ.BD.486 dated 12th December, 1979 filed with the Statement of Claim.</p><p> (ii) N4,000.00 (Four thousand Naira) being general damages for trespass in that the defendants have on several occasions dist…</p>