COKER, J.S.C:
Delivering the Judgment of the Court
The appellants have appealed to this Court against the judgment of Fakayode, J. given at the High Court, Ikeja, on the 28th May, 1965. They were the defendants in an action instituted against them by the respondents who were the plaintiffs in the court below – Suit No. HK/63/61. as on the original writ of summons the claim of the plaintiffs was a follows:-
“(a)Declaration of title under native law and custom to a piece or parcel of land known as Bashua village in the Western Region of Nigeria, a plan of which will be filed in this court.
(b)An Injunction restraining the defendants, their servants and agents from any act of trespass on the said land.”
The plaintiffs’ Statement of Claim was amended twice and the last paragraph of the amended Statement of Claim on which the case went to trial reads as follows:
“WHEREUPON the plaintiffs claim a declaration that the Bashua family are the owners by native law and custom of all the area of land ed…