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OLATAWURA, JSC (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal. Ibadan Division, dated 20th day of January, 1987 which affirmed the decision of the High Court of Ogun State dated 29th December, 1982.
The appellants who were the plaintiffs took out a writ of summons against the respondents who were the defendants and claimed after an amendment as follows:-
"(1) Declaration that the plaintiffs are entitled to the customary right of occupancy to the piece or parcel of land situate, lying and being at Soki-Ere, Ado-ado, Ogun State.
(2) Declaration that the defendants have forfeited their right to harvest palm fruits on the plaintiffs' land as customary tenants of the plaintiffs' family.
(3) Injunction restraining the defendants, their agents, servants and privies from going on the plaintiffs' land reaping palm fruits therefrom."
Pleadings were ordered, filed, delivered but were later amended. The amended pleadings were prolific. I will iā¦