CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ogun State Sagamu delivered by M.A. Dipeolu J. on the 24th day of February, 2011.
The Respondents who were Plaintiffs in the lower Court instituted this suit in a representative capacity for themselves and on behalf of Osuo Family of Ipokia. In their Further Amended Statement of Claim, they claimed against the Appellants as Defendants as follows:
1. Declaration that the plaintiffs are entitled to the Customary Right of Occupancy of the piece of land situate, lying and being at Obanigbe Village via Ipokia in Ogun State which land is particularly described and edged blue in Survey Plan No. BOG045/98 drawn by Bunmi A. Odunuga Licensed Surveyor.
2. Declaration that all the Defendants are tenants of the plaintiffs on the land in dispute.
3. Forfeiture of the Defendants holding on the land in dispute for their refusal to pay Ishakole and their outright challenge of the p…