AWALA, J.C.A. (Delivering the Leading JUdgment): The respondents as plaintiffs filed this action at the High Court of Justice of Osun State of Nigeria holden at Osogbo wherein they claimed declaration that the defendant (now the appellant) was a customary tenant of theirs on their family land situate and being at Amulegboro, Ibokun Road, Oshogbo; (2) forfeiture of appellant's customary tenancy for gross acts of misconduct, (3) N50,000.00 general damages and (4) perpetual injunction restraining the appellant, his agents, servants or persons claiming through him from entering upon or committing further acts of trespass upon the respondents' family land verged red in respondents' survey plan No. OS/0823/LID/98/035 dated 12/10/98 drawn by O.O. Oluokun registered surveyor.
In paragraph 12 to 17 of the amended statement of claim, the respondents pleaded as follows:
"12. The plaintiff's family originally granted a portion of their family land at Amulegboro to the defendant's grandfather cal…