M. L. UWAIS, J.S.C. (Delivering the Leading Judgment): In this case the appellants were the plaintiffs in a suit which they brought on the 26th day of May, 1966 in the then High Court of Western Group of Provinces, holden at Akure, against the respondents as defendants. The plaintiffs' claims against the defendants in the suit were as follows -
"(a) Declaration of title (in perpetuity or absolutely) according to native law and custom of all that piece of land situate at Odo Aye consisting of the Villages of Epewe, Mobi. Moboro, Oluagbo and the surrounding area.
(b) 200pounds General Damages for trespass committed by the defendants on the said plaintiffs' land.
(c) An injunction restraining the defendants their servants and or agents from further trespassing on the said plaintiffs land."
At the hearing of the suit, the plaintiffs called the 1st plaintiff as witness as well as a surveyor who tendered a plan of the land in dispute and one other witness as a boundary man. The defendants c…