UZO IFEYINWA NDUKWE-ANYANWU, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Osun State delivered by Hon. Justice I. O. Adeleke on the 18th day of December, 2008.
By a Writ of Summons together with an Amended Statement of Claim the Plaintiffs now Appellants claimed against the Defendants now Respondents as follows:-
1. Declaration that the Plaintiffs are entitled to the Customary/Statutory Right of Occupancy of that piece or parcel of land situate, lying and being at Balogun's compound, Oke Ila-Orangun, Ifedayo Local Government, Osun State measuring about 16.776 hectares and bounded as follows:
1st side by the Plaintiffs' family land,
2nd side by Obale/Elemogun family land,
3rd side by the Plaintiffs' family land,
4th side by the Plaintiffs' family land.
2. An order of forfeiture of the customary tenancy of the Defendant in respect of the same land situate, lying and being at Balogun's compound, Oke Ila-Orangun, Ifedayo Local Government, O…