ASANI TAIWO & ORS. V. ADAMO AKINWUNMI & ORS.

A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): In Suit No. IK/174/63, which was commenced in the Ikeja High Court, the Ijeshatedo people, as plaintiffs, claimed from the Itire people and four others, as defendants, jointly and severally the sum of 500 as damages for trespass to their land at Abule Ijeshatedo, Itire, Ikeja District. They also asked for an injunction to restrain the defendants, their agents or servants from further trespassing on the said land.

Paragraphs 2 to 13 of the plaintiffs' amended statement of claim read:

"2. The plaintiffs are people of Ijeshatedo Village and are suing for themselves and on behalf of the people of Ijeshatedo Village.

3. The 1st, 2nd and 3rd defendants were substituted by order of court vice one Chief Salawu Lawani as the overlord of the land situate at the said village whereon the plaintiffs are settled and are possessed thereof as customary tenants.

4. The several plots of land in dispute form portion of the said village and th…