F. F. TABAI, J.S.C (Delivering the Leading Judgment): This appeal is against the judgment of the Jos Judicial Division of the Court of Appeal on the 23rd of May 2002. The original action itself was commenced at the Upper Area Court, Pankshin in Plateau State sometime in 1994. The Plaintiffs therein are the Appellants in this Court. And the Defendants therein are the Respondents before us. The claim is expressed in the opening statement of learned counsel for the Plaintiffs Chris Ekeakhogbe at page 8 of the record. He said:-
"The Plaintiffs' claim is for a declaration of title to a piece of farm land situated at Minting in Chip District of Pankshin Local Government Council. The Defendant is a customary tenant to the Plaintiff and is now denying the Plaintiffs' title. Hence he does no longer comply with the traditional requirements of customary tenancy. The Plaintiffs therefore wish to retake possession and seeks a declaration of title in their favour."
This is reproduced by the trial …