C. O. MADARIKAN, J.S.C. (Delivering the Leading Judgment): This appeal relates to two actions which were consolidated and tried together in the High Court, Ughelli.
The first action was suit No. UHC/8/71 in which the present Appellants were the Plaintiffs, and their claim against the defendants, now Respondents, reads: -
"The Plaintiffs seek the following orders from the court against the defendants jointly and severally: -
1. Declaration of title to that piece or parcel of land known as and called OBOJI, situate at Ike-Onicha bush in Kwale within the jurisdiction of this court, the area and position are as shown in a plan to be filed later. The value of the land is about N200.
2.N100 damages for trespass committed by the Defendants on the said land.
3 Perpetual Injunction restraining the Defendants their servants and agents from further entering on and committing acts of trespass on the said OBOJI land.
"The second action was suit No. UHC/15/71 wherein the present Respondents (as Pla…