K. ESO, J.S.C (Delivering the Leading Judgment): The indorsement on the writ of summons filed by the plaintiffs (the Alashe Chieftaincy Family) against the defendants (the Ojuwoye Community) in Suit No. IK/118/67 in the Ikeja High Court is for
"(a) a declaration of title under Yoruba Native Law and Custom to all that piece or parcel of land at Mushin described in a plan to be filed in this suit;
(b) a declaration that the Defendants have forfeited all rights to the said land under Yoruba Native Law and Custom; and
(c) possession of the said land."
In the pleadings filed, pursuant to the order of the court, both parties claimed title to the land in dispute, by settlement. The defendants however averred that, as a result of decisions in previous litigation between the parties, the defendants were estopped from instituting this action. The relevant paragraphs of the statement of defence are as follows-
"16. Notwithstanding the several warnings of the Community who are the overlords of …