MADAM SAFURATU SALAMI & ORS. V. SUNMONU ENIOLA OKE

KAWU, JSC (Delivering the Leading Judgment): On the 6th day of July, 1987, I dismissed the appellants' appeal to this Court. I then indicated that I would today, give reasons for my decision. I now give those reasons.

The appellants were defendants in suit No 1/368/73 instituted by the respondent in the former High Court of Justice, Western Nigeria, Ibadan Judicial Division, on the 31st of October, 1973. In the said suit, the respondent's claims, as endorsed on the writ of summons, are as follows:-

"(1) Declaration of Title to that piece or parcel of land situate, lying and being at Orile Odo, Lagos Road, Ibadan, bounded on the first side by Oluokun family land on the second side by Alhaja Asia's land, on the third side by Oke family land and Gbadamosi Onifade's lands, and on the fourth side by Oke family land and Olawale's lands.

(2) Forfeiture of the Customary tenancy of the Defendants on the said land.

(3) ₦15 arrears of Ishakole for 1971, 1972 and 1973.

(4) Injunction restrainin…