A. G. O. AGBAJE, J.S.C. (Delivering the Leading Judgment): The back-ground of the appeal now before us is as follows:-
By his amended writ of summons the plaintiff, Steven Omo Ebueku, claims as follows:-
"The plaintiff seeks against the 1st, 3rd to 5th defendants a declaration of title in fee simple, absolute or alternatively according to Yoruba Native Law and Custom to all that piece or parcel of land situate at Obele Kolade, between Odunsi Street and Oseni Street, Surulere.
2. Against the 1st defendant the plaintiff seeks an order of forfeiture and for possession of the land in dispute.
3. The plaintiff also claims the sum of N400 (FOUR HUNDRED NAIRA) from the 1st Defendant for use and occupation and also mesne profits at the rate of N100.00 a month until possession is given up.
The amended writ of summons was filed on the 26th day of November, 1975 pursuant to an order of court made on 24th November, 1975. The case itself originated in a Lagos High Court in March, 1972. Then there …