WILLIAMS LADEGA V. KASALI AKINLIYI & ORS

Fatayi-Williams, JSC.(Delivering the Lead Judgment):In Suit No.1/291/58 filed in the Ikeja High Court on 6th December, 1958, the plaintiffs claim was as follows:-

"(1) a declaration of title under Yoruba native law and custom to all that piece or parcel of land at Mushin in a plan whereof will be filed in this suit.

(2) a declaration that the defendants have forfeited all rights possessed by them under Yoruba native law and custom to the said land; and

(3) possession of the said land."

In another suit, that is, Suit No.HK/108/61 filed in the same court later on 25th August, 1961, the same plaintiffs claimed against one Lasisi Salu -

"(i) a declaration that the plaintiffs are the absolute owners under native law and custom of all that piece or parcel of land situate lying and being at Mushin within the jurisdiction of this Honourable Court a plan of which land will be filed in this cause;

(ii) #25 being general damages for trespass to the said land;

(iii) an injunction restraining the…