ONU, J.S.C. (Delivering the Leading Judgment): The claims of the plaintiff who is the appellant in this court against the defendants (herein respondents) as endorsed on his amended writ of summons filed on 12th October, 1977 are as follows:
"1. Declaration that all the entire property situate lying and being at 42/44 Aiyetoro Road, Epe in Lagos State is the property of all the descendants of late Ogebule owned under native law and custom.
2. Partition of the said land into four parts amongst the four branches of the family namely: Ogeye Longe (ii) Otubose (iii) Otuberu and (iv) Otuboni.
3. ₦6,000,00 being both special and general damages for trespass to the plaintiff's building on the land in dispute."
Particulars
Special Damages
Cost of structure destroyed by the defendant
..................... ₦5,000,00
General Damages ₦1,000.00
₦6,000.00"
A statement of claim was filed on behalf of the appellant on 14th June, 1976 and to it a composite plan was attached. After the learned trial Ju…