COKER, J.S.C. (Delivering the Leading Judgment): The facts of this case are all but simple. The appellants were the defendants in Oshogbo High Court (Suit No. HOS/135/64). The respondents were the plaintiffs and had claimed against the defendants according to their amended writ as follows
"(1) The plaintiffs' claim against the defendants jointly and severally is for a declaration that a piece of farmland situated at the Ologan farm in the area of Olopa village otherwise known as Yekere village in Ife District is the property of Lukugba family.
(2) The plaintiffs also claim against the 2nd and 3rd defendants the sum of 200pounds being ishakole due from them as heads Lukugba family tenants residing at Yekere village otherwise known as Olopa village in Ife district in respect of 1963."
The case of the plaintiffs on their pleadings is that the 1st defendant is the head and representative of the Pabiekun family which is a branch of the Lukugba family on behalf of which the plaintiffs have …