CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Osun State High Court delivered on the 6th day of March, 2007 by Aderibigbe J. dismissing the claims of the appellants on the ground that the claims were caught by the principle of estoppel per res judicata.
The appellants who were plaintiffs in the lower court sued the respondents/defendants claiming forfeiture of the customary tenancy of the defendants in respect of the land in dispute, recovery of possession and injunction. In their amended statement of claim, the plaintiffs averred that the land in dispute was granted to the defendants for farming purposes only and on payment of Ishakole. The defendants not only defaulted in paying the Ishakole but started to challenge the ownership of the land by the plaintiffs by building houses, allocating plots for building without the knowledge or consent of the plaintiffs. When all entreaties to the defendants to desist from their mi…