G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): The appellants are the defendants in the consolidated Suits 1/119-122/58 instituted by the respondents, as plaintiffs, at the Lagos State High Court holden at Lagos for (a) a declaration of title to certain plots of land situate, lying and being at Agia Village, Itire via Mushin, (b) possession of the said plots of land (c) 600pounds damages for trespass from the 1st and 2nd defendants and from each of the 3rd and 5th defendants; and (d) an injunction against the defendants, their servants or agents from further trespassing on the said land.
The case for the plaintiffs in the lower court is that the area of land of which the plots in the consolidated actions form a portion, originally belonged to Chief Onitire of Itire or preferably the Onitire family. The defendants do not dispute that this is so. The dispute however centred on whether Chief Onitire granted a large portion of the area to the Agia family absolutely under native…