OBASEKI, J.S.C (Delivering the Leading Judgment): The appellants were plaintiffs and the respondents defendants in the High Court of Justice, Midwestern State of Nigeria (now Bendel State) in Suit S/26/70 filed at Sapele wherein the plaintiffs claimed according to the endorsement on the Writ of Summons:
"(1) A declaration of title under Okpe Native Law and Custom to that parcel of land lying along Jeddo-Ughoton Road, Okpe Clan in an area shown on the plan to be filed in this Suit. The annual rent of the land is 10 Pounds or N20.00.
(2) An order that the sum of 210 Pounds (Two Hundred and Ten Pounds) paid by Shell-BP Petroleum Development Company to the defendant in respect of a burrow pit on the plaintiffs' land and which the defendants refused to hand over to the plaintiffs' community in spite of persistent demands should be paid by the defendants to the use of the plaintiffs."
Pleadings were ordered and duly delivered. The issues joined later came up for trial before Oki, J. and af…