I.C. PATS-ACHOLONU, J.C.A. (Delivering the Leading Judgment): By a writ of summons dated 4th March, 1985, the Plaintiff claims against the defendant as follows:-
(1) A declaration that the Olaleye Family as customary tenants of the Plaintiff on a parcel of land at Olaleye Village, Lagos State have incurred forfeiture of the said tenancy.
(2) Possession of the said land.
(3) A statement of all monies collected by the defendants, their servants and/or agents from their tenants and/or grantees and occupiers whether as rent, premium, levy or otherwise on the said land and
(4) Payment over to the Plaintiff of the gross sum so collected and by which the defendants have unjustly enriched themselves.
Pleadings were filed and served and delivered.
The facts of the case are straightforward. The Plaintiff bought a parcel of land from Oloto Chieftaincy Family who happened to be the over lord of the defendant's family and to and to whom the defendants and their ancestors have been customary tenant…