IGUH, J.S.C: (Delivering the Leading Judgment): By a writ of summons filed on the 19th August, 1977 in the Ibadan Judicial Division of the High Court of Justice, Oyo State, the plaintiffs, who are now respondents, for themselves and on behalf of the Ibala Arikoto Family, sued the first defendant now appellant, claiming as follows:-
(1) Declaration of title in accordance with native law and custom to all that piece or parcel of land situate at Aponrin in Ibadan - Ajia Road, Ibadan, in Oyo State of Nigeria.
(2) Five thousand Naira being special and general damages for trespass committed by the first defendant, his servants or/and agents on the said land in 1976.
(3) Injunction to restrain the defendant. his servant, privies or land agents from entering or committing further trespass on the said land."
There was a fourth claim by the said plaintiffs against the 1st, 2nd, 3rd, 4th and 5th defendants as follows:-
"(4) In the alternative to claim (1) above. The plaintiffs' claim against th…