G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of Bada , J., delivered at the High Court of Lagos State in the Ikeja Division on the 20th of September, 1973, in Suit No. IK/101/70.
"The plaintiffs' claim in the Suit is:-
(1) an account for the rents collected from October, 1969 to date by the defendants from the plaintiffs' tenants by name:-
(a) Aro
(b) Ijebu Igbo
(c) Affiran
(d) Ayo
(e) Azikiwe
(2) injunction restraining the defendants from further collection of rent and/or any dues from the said tenants."
The plaintiffs sued for and on behalf of the Ogunloye family of Agboyi Village and the defendants are sued in their own personal capacities. In the Statement of Claim the plaintiffs claimed that they are "the traditional owners of Agboyi Village and its environments from time immemorial." On the basis of this averment the plaintiffs claimed to have let some portions of the Village Farm to tenants for the purpose of cutting firewood…