A. I. IGUH, J.S.C. (Delivering the leading judgment): This is an appeal against the judgment of the Court of Appeal, Lagos Division, which has on the 25th day of January, 1989 allowed the appeal by the plaintiffs from the decision of Ajose Adeogun. J. sitting at Ikeja in the High Court of Justice, Lagos State.
The plaintiffs who were partners, trading under the name and style of Idland Contract and Supply Company, had on the 17th day of September, 1970 instituted an action against the defendant claiming as follows-
"(a) A declaration of Title to all that piece or parcel of land situate, lying and being at Oregun Road, Morekete Village, Ikeja Division of Lagos State of Nigeria;
(b) Injunction restraining the defendant their servants and/or agents against further acts of trespass on the said land and
(c) Two Hundred Pound ('a3200) damages for the said acts of trespass."
Pleadings were ordered in the suit and were duly settled, filed and exchanged. At the subsequent trial: both parti…