S. KAWU, J.S.C (Delivering the Leading Jugdment): The appellant herein was the plaintiff at the Ijebu Ode High Court in suit No. HCJ/12/71. In that case the appellant had sued the defendants (respondents herein) claiming the following reliefs:
"(1) Declaration that the plaintiff is entitled to possession and occupation of that piece of land situate and lying at ONDO ROAD, IJEBU-ODE.
(2) 2,600pounds being special and general damages for trespass committed by the defendants to plaintiff's property on the land in 1970 and 1971.
(3) Injunction to restrain the defendants, their agents or servants from disturbing the plaintiff's possession and occupation of the land."
Pleadings were ordered and were duly filed and delivered.
Both parties to the dispute (except the 6th and 7th defendants) claimed to be descendants of one Lusenbi, a woman, who was the original owner of what would appear to be a vast area of land, of which the land in dispute forms a portion.
In the High Court the plainti…