A. O. OBASEKI, JSC (Delivering the Leading Judgment): The appellants were the defendants to an action instituted and filed by the respondent on 26th September, 1970 in the High Court of Lagos State, Lagos - Suit No. LD/631/70 wherein the respondent claimed:
"(1) A declaration of title in fee simple or, alternatively, under Native Law and Custom to all that piece or parcel of land situate and lying and being at Ikorodu Road, Yaba, in Lagos, the said land being more particularly described in the plan attached hereto.
(2) 200 pound as damages for trespass to the said land;
(3) Recovery of possession of the said land; and
(4) An injunction restraining the defendants, their servants/and or agents from continuing or repeating any acts of trespass on the said land."
Pleadings were delivered and the action went to trial on the issues raised in the pleadings. Evidence was called and adduced by the plaintiff/respondent's case but the defendants/appellants called no evidence before closing their…