MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Leading Judgment): The appellants were the claimants in Suit No. HCA/48/2011, which they instituted by way of a writ of summons in the High Court of Ogun State, holden at Ota. In paragraph 32 of their amended statement of claim, the appellants sought the following relief against the respondents, who were the defendants:
“a) A declaration that the Claimants are entitled to the Right of Occupancy over that piece of land situate, lying and being at EWU IDAFERO in Igbesa more particularly described on Survey Plan No. H/155/06/96 dated 6th September 1996 and prepared by M.A. HASSAN Licensed Surveyor.
b) A perpetual Injunction restraining the Defendants, their servants, agents and/or privies from further trespassing on the aforesaid land.
c) A declaration that the Defendants are the Customary Tenants of the Claimants.
d) An Order of forfeiture of the Customary Tenancy of the Defendants.”
The respondents disputed the appellants’ claims. The app…