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CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Ekiti State High Court, sitting at Omuo Ekiti delivered by D. O. Jegede, J on the 4th day of June, 2008 in which the court dismissed the plaintiffs' (now Appellants) case in its entirety.
The Appellants as plaintiffs on behalf of Olokoju family of Iluomoba Ekiti filed an action against ,the Respondents as defendants in the lower court and claimed as follows:-
(i) A DECLARATION that the large piece or parcel of land known as 'Ehin Isesi farm land' lying, situate and being along Iluomoba/Igbemo Road, Iluomoba Ekiti belong absolutely to Olokoiu family of Iluomoba Ekiti.
(ii) A FORFEITURE of the customary tenancy agreement granted the defendants on the piece or parcel of farmland lying, situate and being along Iluomoba/Igbemo Road, otherwise 'known as 'Ehin Isesi farmland' Iluomoba Ekiti for fundamental breach of the said agreement.
(iii) A sum of N50, 000.00 each being a reasonable e…