IRIKEFE, JSC (Delivering the Leading Judgment): In this appeal, the appellants were the plaintiffs in Suit No. IK74/73 before the Ikeja Judicial Division of the High Court of Lagos State against the respondents who were the defendants in the said suit. Later, in Suit No.IK/261/73 the respondents to this appeal sued the appellants and one E. B. Ige, their tenant, over the same piece of land in issue in this case.
Both cases were later consolidated for the purposes of trial by the Ikeja High Court.
The claim in Suit No. IK/74/1973 reads:-
"The plaintiffs' claims against the defendants are for:-
(1) Declaration of title in respect of the plaintiffs' piece of land situate, lying and being at Ikola Agbenaje Village, via Ipaja in the Ikeja District of the Lagos State (hereinafter called the property).
(2) Possession of the said property.
(3) N100 being special and general damages for the trespass committed on the said land and the destruction of survey pillars thereon.
(4) Perpetual injunct…