YAKUBU JCA (Delivering the Lead Judgment): The respondents as the plaintiffs at the Benin City High Court of Justice, in suit No. B/66/90, had claimed against the appellant/defendant, that they were entitled to that piece or parcel of land measuring 100 X 200’ situate at ward 40A at Ogbeson in Oredo Local GovernmentArea, Benin City. They prayed for a declaration to that effect and also for a perpetual injunctive relief, restraining the defendant, her agents, servants and/or privies from further acts of trespass and/or interference with the plaintiffs’ possession, use and enjoyment of the said land. There was an added claim of general damages of N5,000.00
(five thousand naira) against the defendant.
The parties filed and exchanged their respective pleadings. The suit proceeded to hearing. The plaintiffs gave evidence for themselves and four other witnesses testified for them. The defendant also gave evidence and called one witness who testified for her. Each side tendered in evidence ,…