IYANDA & ORS.
V.
LANIBA II & ORS.
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ONALAJA, J.C.A. (Delivering the Leading Judgment): The plaintiffs for themselves and on behalf of Awe Community, commenced and issued a writ of summons in a representative capacity for themselves and on behalf of Awe Community against the defendants, jointly and severally. After service of the writ of summons on the defendants, they entered appearances and had a joint legal representation. Pleadings were filed, exchanged, delivered and amended with trial concluded on the amended pleadings, which are referred to as statement of claim, statement of defence and counterclaim, reply to statement of claim and defence to counter-claims.
In paragraph 43 of the statement of claim, the plaintiffs claimed as follows:-
"43. Wherefore the plaintiffs claim against the defendants:-
(i) Forfeiture of the customary tenancy of the defendants on the land in dispute for the denial of the plaintiff's right on the land and for misconduct;
(ii) Declaration that the plaintiffs are the persons entitled on beh…