ABIEGBE & ORS.
V.
UGBODUME & ORS.
G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Ughelli High Court (Ovie-Whiskey, J.) dismissing the plaintiffs claim for want of prosecution. This action was commenced by a Writ of Summons taken out on 28th February, 1967. The claims, as endorsed on the writ read:-
"The plaintiffs' claim against the defendants is as follows:-
1. A declaration of title to the piece or parcel of land at Igbide known and describe as "AHORO" land - the exact area of the said land in dispute will be shown in a plan to be filed in support of this claims.
2. A declaration that the defendants by denying plaintiffs' title to all the land in dispute and by refusing to pay customary rents to plaintiffs have forfeited under Native Law and Custom their rights of user in respect of the said land Obi Awolo Nwobi and Ors v. Phillip Ijeh (1965) NMLR pg 175 at 176
3. The sum of 200pounds (Two hundred pounds) being general damages for trespass and/or Mesne Profit…