WALI, J.S.C. (Delivering the Leading Judgment): In the High Court of Justice of Oyo State of Nigeria. Ibadan Judicial Division, the plaintiff sued the defendants jointly and severally asking for the following reliefs:-
"1. Declaration of title under Native Law and Custom to all that piece or parcel of land, situate, lying and being at Elere Stream, Igbo-Elere, Ibadan.
2. One Hundred Naira (N100.00) being damages for continuing trespass committed by the 1st defendant on the plaintiff's land, situate, lying and being at fgbo Elere Stream Ibadan, sometime in May, 1977.
3. An Order for injunction restraining the defendants, their servants or privies and/or agents from committing further acts of trespass on the aforesaid land."
Pleadings were ordered, filed and exchanged and issues joined. Before the taking of evidence commenced, the plaintiff, by leave of the trial court, filed an Amended Statement of Claim and in paragraph 26 thereof he asked for the following reliefs:-
"I. Declaration …