OBASEKI, J.S.C. (Delivering the Leading Judgment): The appellants were defendants to an action instituted on the 22nd day of August, 1974, in the High Court of Justice, Mid Western State of Nigeria now High Court of Justice, Bendel State holden at Ubiaja by the respondents who, as plaintiffs, claimed:
"(1) A declaration that the first, third and fourth defendants as the customary tenants of the plaintiffs have forfeited their rights to occupy the portions of plaintiffs' piece or parcel of land situate and lying at Irrua within the Ubiaja judicial division which said portions of land are shown verged yellow in the plaintiffs' Plan No. MWC/719/77 filed with the amended statement of claim;
(2) Recovery of possession of the said portions of land from the first, third and fourth defendants.
(3) ₦2,00.00 (Two thousand Naira) being damages suffered by the plaintiffs as a result of the defendants trespassing on the portion of the plaintiffs' piece or parcel of land shown verged PINK but exclu…