OGUNDARE, J.S.C. (Delivering the Leading Judgment): By a writ of summons issued in June 1977, the plaintiffs claimed from one Udeoha Ewuru:
(a) A declaration that the plaintiffs are the customary owners of that portion of the said ALAOJI now in the possession of the defendant, the annual value of which is N10.00 (ten Naira).
(b) A declaration that by the custom of Ihiala people the defendant has forfeited his rights, use, enjoyment and or possession of the said portion of land to the plaintiffs.
(c) N100.00 general damages for trespass.
(d) Injunction perpetually restraining the defendant, his servants, agents and or workers from ever going into the said portion of land."
Pleadings were ordered on 18/7/77 and the plaintiffs were given 120 days within which to file their Statement of Claim and plan. By motion dated 12th day of January, 1978 and filed that same day and fixed for hearing on 1st day of February, 1978 the plaintiffs prayed the court for extension of time within which to f…