AUGIE, J.C.A (Delivering the Leading Judgment): This is an appeal and cross-appeal against the Judgment of Olatoye, J., of the High Court of Ogun State, Sagamu, in the suit filed by the Respondents, wherein they claimed against the original Defendant (now deceased) - a declaration that "all that piece or parcel of land known as Sakura - - is the property of the Ipoji Community of Ofin Sagamu"; forfeiture of the customary tenancy of the Defendant and his family; and perpetual injunction, Pleadings were exchanged, but after a number of amendments, trial commenced with their 3rd Further Amended Statement of Claim and Plan dated 30th October 1997, filed together with an Amended Writ of Summons dated the same day.
In paragraph 51 of the 3rd Further Amended Statement of Claim, the Respondents claimed as per their writ of summons; and their claims against the present Appellants in the Amended Writ of Summons, are as follows-
1. Declaration that the Plaintiffs are the persons entitled to the …