NNAMANI, J.S.C. (Delivering The Leading Judgment): In this suit commenced in the High Court of Oyo State, the plaintiffs/appellants claimed the following reliefs against the defendants/respondents.
"1. Declaration of title according to native law and custom to all that piece of land situated, lying, being and known as Alashe village, Oyo Road, Ibadan.
2. Declaration that the 1st-4th defendants have incurred forfeiture of their holdings of portions of the said land by reason of misconduct under native law and custom.
3. Possession of all the land held of the plaintiffs by the defendants within the said land.
4. N1,000.00 damages against the 5th defendant for continuing trespass and waste committed by its servants and agents on the said land since about February, 1976.
5. Injunction to restrain the defendant, their servants, agents, assigns and privies from further entry on the said land."
This writ was subsequently amended in paragraph 4 to claim damages against all the defendants. Pl…