IGUH, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Lagos Division delivered on the 31st day of July, 1990 wherein it allowed the appeal of the defendants and declared the entire committal proceedings before Ayorinde, J., as he then was, a nullity. The Court of Appeal further set aside the conviction and sentence of imprisonment passed on the defendants by the trial court and ordered that no committal proceedings should be brought against the said defendants in the present Suit No. IK/95/71 during the pendency in court of Suit No. ID/26/74.
The plaintiffs, for themselves and on behalf of the Iposu family, had claimed against the defendants jointly and severally declaration of title to all that piece or parcel of land situate at Akesan in Epe, Lagos State, possession of the said land, N100.00 general damages for trespass and perpetual injunction. At the conclusion of hearing, the plaintiffs claim for declaration of title to the…