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MUHAMMAD JSC (Delivering the Lead Judgment): The plaintiffs at the High Court of Justice of Ogun State (trial court) took out a writ of summons against the defendants. In both the writ of summons and paragraph 20 of the amended statement of claim, the plaintiffs indorsed their claims as follows:
“1. The plaintiffs’ claim against the defendants jointly and severally is for:
(1) Declaration that the plaintiffs are entitled to a statutory/ customary right of occupancy to that piece or parcel of land situate, lying and being at Orile-Agbogbo, Olorunleke, Ado-Odo, Local Government Area of Ogun State.
(2) Declaration that the defendants have incurred forfeiture under native law and custom of the land described above which they occupy as plaintiffs’ tenants, which land is shown on survey plan to be filed later.
(3) An order that the said defendants, their servants or agents do deliver up possession of the said land to the plaintiffs.
(4) Perpetual injunction restraining the defendants their s…