A. FATAYI-WILLIAMS, JSC (DELIVERING THE LEADING JUDGMENT): In proceedings in Suit No. AK/45/62 commenced in the High Court of the former Western Nigeria sitting at Akure, the plaintiffs and three others (now appellants) claimed against the defendants and three others (now respondents) -
(1) the sum of 500 pounds being special and general damages for trespass committed on the piece of land at Ikoro Gero, Ondo Province, Western Nigeria sometime in August 1961 belonging to and in possession of the plaintiffs;
(2) an injunction restraining the Defendants from entering the said land and committing further acts of trespass.
In their amended Statement of Claim, the first plaintiff (the Odofin of Ikoro) averred that he is a subordinate Chief to the Onikoro of Ikoro who is also subordinate to the Ajero of Ijero in Ekiti Division. With respect to the land in dispute he averred in paragraphs 11 to 22 of the amended Statement of Claim as follows:-
11. The land in dispute is situate at Kanga Stre…