T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): This is an appeal from the judgment of the Western State Court of Appeal in suit No. CAW/45/70 delivered on 21st May, 1970, in which an order made by Abina J., at the Ijebu-Ode High Court committing the defendants to prison custody for contempt, was set aside and the defendants were discharged from the committal order.
The facts of this case are as follows. The plaintiffs instituted this action in a representative capacity against the defendants also in a representative capacity for the following claims:-
"1. Declaration of title according to native law and custom to all that piece or parcel of land at Ita Ale, Ago-Iwoye.
2. An order that the defendants/respondents shall remove the structure which they erected on the land in dispute in possession of the plaintiff.
3. Injunction restraining the defendants, their servants and/or agents, other Sango worshippers from further acts of trespass on the said land in dispute."
The case w…