U. MOHAMMED, J.S.C. (Delivering the Leading Judgment): This is an appeal from the decision of the Court of Appeal, Lagos division. The plaintiffs, on 6th December, 1988, took out a writ of summons in the Lagos High Court with a claim against the defendants for the following reliefs:
"(1) The plaintiff claims against the defendants jointly and or severally are for
(1) N10,000.00 aggravated damages for trespass on all that piece or parcel of land known as "Ojuegun" situate, lying and being at Ajah Ile Town in Eti-Osa Local Government Area which said land is customarily used for ancestral burials and festival purposes.
Destruction of ancestral graves and humiliation and mental anguish and stress resulting from same ....N10,000.00
(2) Injunction restraining the defendants by themselves, their privies and or their servants or agents or the use from remaining on or going to carrying on building operations or continuing in occupation of piece or parcel of lands.
(3) Further or o…