MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the leading Judgment): This is an appeal against the judgment of the High Court of Justice Osun State delivered by the Hon. Justice A.A.G. Onibokun at the Ile-Ife High Court on 9th day of November 2006.
By paragraph 18 of their statement of claim, the Respondent as plaintiff in the Court below claimed as follows:
"1. Declaration that the farmland situate, lying and being at Agbonkuta village, via Ile-Ife is the joint property of both the plaintiff and the Defendants as offspring of Late Akintilo.
2. Partition of the said farmland in four section (SIC) of the family as opposed to the claim of the Defendants to exclusive ownership.
3. Injunction restraining the Defendants and or their privies or agents from further receipt of tribute and or Isakole from the tenants on the said farmland".
Pleadings were filed and exchanged by an amended statement of Defence filed on the 7th day of July, 2006 the Defendants/Appellants denied the statement of clai…