GARBA JCA (Delivering the Lead Judgment): The appellants who were plaintiffs in the lower court had the following claims endorsed on the writ of summons taken out by them and their paragraph 26 of the statement of claim filed thereafter, against the respondent who was defendant:-
“26. Whereof the plaintiffs’ claim that they are therefore entitled to judgment in the terms of their writ. And the plaintiffs’ claim:- A declaration that the defendant has forfeited all his rights and interests as a customary tenant in respect of all that piece or parcel of land situate, lying and being at Odosiwonoye village, Epe Local Government Area of Lagos State and verged “green” in plan No. JA 30/95 dated the 20th day of April, 1995. (b) Possession of the said piece or parcel of land.
Annual rental value - N500.00.”
After settlement of pleadings, the case proceeded to trial at the conclusion of which the learnedtrial Judge found and held that the respondent was not the appellants’ customary tenant and …