A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): The appellants are the defendants and the respondents are the plaintiffs in an action (Suit No. LD/259/65) tried by Adedipe, J., in the Lagos High Court. The claim as amended was for declaration of title in fee simple or under Yoruba native law and custom to a piece of land at Adana Village, Surulere, Lagos. They also claimed the sum of 2,000 pounds (Two thousand pounds) as general damages for trespass committed by the 1st defendant, his servants and/or agents on the said land during the period 1963 to 1965; they also asked for an injunction restraining both defendants, their servants and/or agents from committing further acts of trespass on the land. Finally, they asked for an order directing the two defendants and their servants or agents to surrender possession of the said land to the plaintiffs.
The proceedings were commenced by one Madam Moriamo Moola as sole plaintiff but she died before the hearing commenced, and the…