<p>OBASEKI, J.S.C (Delivering the Leading Judgment): The appellants were plaintiffs and the respondents defendants in the High Court of Justice, Midwestern State of Nigeria (now Bendel State) in Suit S/26/70 filed at Sapele wherein the plaintiffs claimed according to the endorsement on the Writ of Summons:</p><p> &quot;(1) A declaration of title under Okpe Native Law and Custom to that parcel of land lying along Jeddo-Ughoton Road, Okpe Clan in an area shown on the plan to be filed in this Suit. The annual rent of the land is 10 Pounds or N20.00.</p><p> (2) An order that the sum of 210 Pounds (Two Hundred and Ten Pounds) paid by Shell-BP Petroleum Development Company to the defendant in respect of a burrow pit on the plaintiffs&#x27; land and which the defendants refused to hand over to the plaintiffs&#x27; community in spite of persistent demands should be paid by the defendants to the use of the plaintiffs.&quot; </p><p> Pleadings were ordered and duly delivered. The issues joined later came up for trial before Oki, J. and af…</p>