In this appeal the appellants, as plaintiffs, filed an action on 18th December, 1974 in the High Court of Western Nigeria (now High Court of Oyo State) at Oyo, against the respondents, as defendents. There were originally 10 defendants to the action but one of them Michael Opeoluwa died before the trial of the case commenced.

The plaintiffs' claims, as stated in - their amended statement of claim, are as follows:

Pleadings were filed and exchanged by the plaintiffs and defendants called 6 and 7 witnesses behalf. In a nutshell, the plaintiffs' case is that they had been customary tenants of the 1st defendant. In that capacity the plaintiffs had individual holdings for about 20 years. During that period they had paid the customary fees for entering the holdings, as the annual tribute called "Ishakole".

The plaintiffs had been planting economic crops on their respective holdings. Sometime in 1973, the 1st defendant, as the owner of the plaintiffs' holdings, complained that the plaintiffs did not show enough sympathy to him when he had a motor accident. 1st defendant therefore decided to punish the plaintiffs by making them pays, as fine, the sum of N400.00. The plaintiffs made the payment but to their surprise the 1st defendant brought several persons including the 2nd to 10th defendants to the land in dispute. The plaintiffs tendered a plan (exhibit 1) of the area in dispute and the plan shows their respective holdings and those of the 114 tenants they represent.

Similarly, the defendants' case is, briefly, as follows. The 1st defendant granted land to Egba tenants about 34 years ago. Amongst the tenants were the 2nd to 10th defendants who had been in possession of their respective holdings. The 2nd to 10th defendants planted cash crops on their holdings apart from the Egba tenants of the 1st defendant, there were customary tenants who hailed from towns like Ibadan, Oyo, Iseyin, Iwo and Iware. The defendants also claimed that they had been farming together with the plaintiffs since the plaintiffs came onto the 1st defendant's land about 20 years ago. Each individual having his holding. In 1958 the title of 1st defendant was challenged in court by one Tanimowo who was the agent of the 1st defendant on the land in dispute. 1st defendant's Egba customary tenants supported Tanimowo in the case. There were other litigations, in which the non-Egba tenants amongst the defendants in the present case supported the adversaries of the 1st defendant. All these cases were won by the 1st respondent. As punishment for their misbehaviour or disloyalty, the 1st defendant repossessed the holdings of all those that did not give him support.

The repossessed holdings were not reallocated to new tenants. They were returned to the defendants in 1973 after they tendered apology to the 1st defendant. On the return of the defendants to the land, the plaintiffs and other tenants not affected by the repossession lay false claims on the holdings of the defendants and destroyed as well as reaped the crops planted by the defendants.

Aboderin, J. gave judgment in favour of the plaintiffs for the declaration prayed for, N200.00 damages and an order of junction.

Dissatisfied, the defendants went to the Court of Appeal which allowed the appeal and dismissed the claim in its entirety.

It is against the judgment of the Court Appeal that the plaintiffs have appealed this Court.